General Use Conditions

Version updated on March 18, 2024

FOREWORD

Welcome to the Anka.africa Platform, which brings together the Marketplace services (marketplace.anka.africa) as well as ANKA Shipping and ANKA Pay, owned by MANSAART S.A.S.

The Platform is Anka's Internet platform, providing access to the entire site operated by MANSAART, namely the anka.africa site (hereinafter referred to as the “Site”), and all associated subdomains.

The Site enables sellers (hereinafter referred to as the “Sellers”) to connect with buyers who have previously registered on the Site (hereinafter referred to as the ‘Buyers’). The Site also enables registered individuals (hereinafter referred to as “Members”) to connect and exchange information, and enables Sellers to use or purchase services for their activities, including outside the platform or site.

All products offered for sale on the platform by Sellers are hereinafter referred to as “Products” and the services that ANKA offers to these Sellers are hereinafter referred to as “Services.”

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By using the Site in any way, including, but not limited to, visiting or browsing the Site, you (“the user” or “you”) agree to these terms and conditions, including the terms and conditions referenced herein, set forth below, and/or accessible via hyperlink.

These general terms and conditions of use (hereinafter the “General Terms and Conditions”) apply to all users of the Site, including, without limitation, users who are “sellers,” “buyers,” contributors of content, information, or any other element or service on the website www.anka.africa website and to all services offered via the website or by any other means by companies in the ANKA group, including MANSAART SAS.

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The website www.anka.africa brings together all digital solutions for sellers of African or Africa-inspired products or services worldwide. This includes the ANKA Shipping and ANKA Pay services, defined as follows:

ANKA provides sellers with an international shipping service called ANKA Shipping, enabling them:

• to access preferential rates negotiated with third-party carriers (DHL, Aramex, UPS, FedEx, etc.);

• to generate, via the Platform, shipping labels that can be used for shipments of products sold regardless of the sales channel, whether or not on the Marketplace or via ANKA Pay;

• to benefit from tools for managing customs and other shipping costs before, during, or after using ANKA Shipping labels.

Use of the ANKA Shipping service implies full and complete acceptance of the pricing conditions displayed when each label is issued, which are immediately payable, regardless of their actual use.

The Seller remains solely responsible for:

• the accuracy of the information entered (weight, dimensions, delivery address, etc.);

• the customs compliance of its products for export;

• the proper routing and delivery of orders.

• the payment of shipping costs throughout the entire shipping process, including costs incurred after initial invoicing as part of the delivery provider's rebilling, regardless of their type, amount, or nature.

ANKA cannot be held liable for delays, losses, damage, or refusal of delivery attributable to the carrier or to an incorrect declaration by the Seller.

ANKA reserves the right to suspend or limit access to the ANKA Shipping service in the event of fraud, non-payment, or use contrary to its terms and conditions.

ANKA provides Members with a payment service called ANKA Pay, which allows them to receive the proceeds of their online sales via a Virtual Wallet credited by electronic means of payment (cards, transfers, split payments, etc.). Payments from Buyers are collected by authorized payment service providers acting on behalf of ANKA in the European Economic Area (EEA). The funds thus collected are then transferred by ANKA to Sellers, in accordance with the terms and conditions set out in these general terms and conditions, via cross-border transfers from Europe or North America to the Seller's country of residence. ANKA acts as a commercial networking platform operator and representative of Sellers for the collection and redistribution of funds, without holding the status of a payment institution or electronic money institution within the meaning of Articles L.521-1 et seq. of the Monetary and Financial Code. Funds received are temporarily held in business accounts opened in the name of ANKA group companies with its service providers or banking partners, pending redistribution. Consequently, the Virtual Wallet balance does not constitute a deposit or payment account within the meaning of the regulations and does not earn interest.

The marketplace.anka.africa website is a community-based e-commerce platform for fashion, handmade items, crafts, and more broadly, African or Africa-inspired creations, offering limited-edition items manufactured or distributed by sellers.

The Site also allows Sellers to connect with any User of the Platform, even non-Buyers, who have previously registered on the Site as members, and also offers communication tools between Members. It also allows visitors, members, or bloggers to publish and share content.

1. DEFINITIONS

1.1 “Member”: refers to any person who registers on the Site.

1.2 “Platform”: refers to the functional and organizational structure set up by ANKA to connect Sellers and Buyers of Products, accessible via the Website located at marketplace.anka.africa, or any other address(es) that may replace it. The Platform includes the entire Site and therefore refers to the whole or any part of the Site.

1.3 “Seller” refers to a Member who opens a virtual store on the Platform and offers Products for sale through the Platform.

1.4 “Product” refers to a product or service offered for sale on the Platform by a Seller. The Product must comply with these Terms and Conditions and, in particular, must not constitute a Prohibited Product;

1.5 “Buyer”: refers to a Member who has indicated their interest in at least one product by placing an order with at least one Seller (whether or not the Seller has accepted it) or who has “set aside” at least one product.

1.6 “Content(s)”: refers to any content provided by a Member on the Site, including, but not limited to, any Product, data, information, text, listed item, description, comment, Seller evaluation, name, pseudonym, brand name, photograph, image, sound, video, logo, and any other element provided by the Member on the Platform, including during registration, in an email, on a blog, or on a Seller's store.

1.7 “Prohibited Product” refers to a product that is prohibited from sale on the Platform, as described in more detail in Article 4.4 of these Terms and Conditions.

1.8 “Site” refers to the site located at the URL marketplace.anka.africa or an associated subdomain (or any other address(es) that may replace it). The Site is part of the Platform.

1.9 “User” refers to any person who uses the Platform, whether or not they are a Member.

1.10 “Virtual Wallet” means: (a) for the Seller, the reserve of money available in the account of the Seller who has made at least one sale on the Site through Anka's secure credit card payment system and has been credited with the proceeds of their sale. The Virtual Wallet can be used by the Seller to purchase services or Products on the entire Platform; (b) for the Buyer, the amount of money available in the Buyer's account who has made at least one purchase on the Site through Anka's secure credit card payment system and has been refunded all or part of their purchases by a Seller following a refund request. The Virtual Wallet can be used by the Buyer or Seller to purchase Products or Services across the Platform. These credit balances are only payable in the event of a withdrawal request initiated on the Platform, within the limits defined in Article 7. ANKA reserves the right to refuse or defer a withdrawal in the event of suspected fraud, a payment dispute, or non-compliance with KYC procedures, and to request any identity document, proof of residence, or proof of the origin of funds in accordance with its regulatory obligations (anti-money laundering and counter-terrorist financing – LCB-FT).

Each Member has a Virtual Wallet when they open their account for all Sites, which allows them to pay for their purchases and be paid under the conditions described in these Terms and Conditions. For details on the creation, use, and limits specific to the ANKA virtual wallet, please refer to the relevant section of these Terms and Conditions.

2. ANKA'S OBLIGATIONS

2.1 The Platform is an online marketplace where Products that comply with these Terms and Conditions (and in particular with ANKA's policy on Products that are permitted and prohibited for sale) may be offered for sale, sold, and purchased by Members, provided that their offer, sale, or purchase does not contravene applicable laws and these Terms and Conditions.

2.2 To this end, ANKA (i) offers Sellers the opportunity to showcase and sell their Products and their universe through a virtual store that is personal to each Seller, (ii) provides Sellers with tools enabling them to highlight and promote their products, (iii) offers Members community tools enabling them to interact with other Members and exchange information about their passions, (iv) sets up shipping or payment services that can be used by Members.

2.3 ANKA's role is limited to acting as an intermediary between Buyers and Sellers, unless expressly stated otherwise herein. ANKA does not intervene in any way in transactions between Buyers and Sellers, who alone decide, at their own discretion, to enter into sales contracts through the Platform. ANKA is neither a reseller nor the owner of the Products offered for sale on the Platform, and does not take possession of the Products offered for sale, unless otherwise stipulated in the Terms and Conditions. ANKA therefore has no control over the Products and cannot guarantee that the Seller's Product will satisfy the Buyer. Similarly, ANKA cannot guarantee to the Seller that the Product will not be returned or that the sale will not be canceled by the Buyer, all of these elements being exclusively and directly the personal responsibility of each Seller and Buyer, unless otherwise stipulated in these General Terms and Conditions.

2.4 ANKA on the one hand and the Member on the other hand are independent parties, each acting in its own name and on its own behalf. Unless otherwise stipulated in these Terms and Conditions, these Terms and Conditions do not create any relationship of subordination, agency, joint venture, joint enterprise, employer/employee or franchisor/franchisee between ANKA and each Member.

2.5 Since ANKA does not intervene in transactions between Buyers and Sellers, each Member releases ANKA (as well as all corporate officers, directors, agents, and employees) from any liability in the event of a dispute between Members for any claim, and any present or future damage, alleged or not, observed or not, resulting directly or indirectly from such claims.

2.6 Without prejudice to the foregoing, ANKA reserves the right to participate in the promotion of Products posted online and sold by Sellers, in particular by establishing partnerships with other websites and/or through publications in the media and/or by sending advertising emails in accordance with applicable legal provisions. Such participation does not alter its status as a mere intermediary in exchanges between Sellers and Buyers, insofar as ANKA only promotes the ANKA Platform and all the Products offered on it, but does not intervene in the relationship between Buyer and Seller concerning one or more specific Products, except in the cases listed exhaustively in these General Terms and Conditions.

2.7 ANKA does not control the information provided by Members and made public on the Platform. Information provided by other Members may be offensive, harmful, inaccurate, or misleading. The identity and status of a Member may differ from those presented on the Site. ANKA therefore recommends that each User exercise caution and common sense when using the Platform, and is available to provide any additional information.

3. MEMBER OBLIGATIONS

3.1 To access the Platform, Members must first register and open an account on the Website. Registration is only permitted for legal entities and individuals over the age of 16 who have the capacity to perform legal acts, subject, for minors, to obtaining prior authorization from their legal representative. The registration of a legal entity may only be undertaken by an individual authorized to represent it, who must be named.

3.2 Any person who registers as a Member on the Site undertakes to provide accurate, complete, and up-to-date information and any other data (including personal data) that may be necessary to complete and maintain their registration on the Platform, including a valid email address and any additional information required to become a Seller or Buyer. Each Member also agrees to update their account and make any changes to their information without delay. Each Member shall be solely responsible for the consequences that may result from providing false, invalid, or erroneous information to ANKA and/or another Member. In the event of erroneous information, including email addresses, ANKA reserves the right to delete any incomplete or non-functional account (including if it is used by a seller).

3.3 To register, Members must choose a username (or nickname) and password. Members agree not to register under a username that infringes on the rights of a third party. In particular, Members shall not use a username that infringes on the copyrights, trademarks, company names, or brand names of a third party. Members are free to request a change to their nickname at any time by sending a message to Customer Service at ANKA.africa using the button provided for this purpose in the menu.

3.4 By registering on the Website, Members can create a unique account through which they can access the entire Platform.

3.5 The Member's username and password are strictly personal, and the Member undertakes to keep them confidential. Only the registered Member is authorized to use the Platform with their username and password and undertakes not to allow any other person to access the Platform under their identity or username. The use of the Member's username in conjunction with their password implies access to and use of the Platform by that Member. In the event that the Member becomes aware of access to their account by a third party, they undertake to inform ANKA immediately by email at [email protected].

3.6 Each Member agrees to create and use only one account, except as specifically stipulated for Sellers. Any exception to this rule must be requested explicitly by the Member and expressly and specifically authorized by ANKA. Creating or using new accounts under one's own identity or that of a third party without requesting and obtaining ANKA's authorization may result in the immediate suspension of the Member's accounts and all associated services.

3.7 Each Member agrees to use the Site and provide Content on the Site in accordance with these Terms and Conditions and the laws and/or regulations in force.

3.8 Each Member is solely responsible for their Content, as ANKA acts only as a passive technical intermediary for its publication online and does not check the Content before it is published. Members shall refrain from providing Content and, more generally, from performing any act or action:

(i) infringing on the copyrights, patents, trademarks, designs and models, trade secrets, right of disclosure or privacy of third parties;

(ii) defamatory, abusive, disparaging or slanderous;

(iii) discriminatory or inciting violence or racial, religious or ethnic hatred;

(iv) obscene or pedophilic;

(v) likely to be classified as embezzlement, fraud, breach of trust, or any other criminal offense;

(vi) intended to obtain the transfer of sums of money without the delivery of a Product in accordance with these General Terms and Conditions of a value equivalent to the sums requested;

(vii) likely to damage any computer system or clandestinely intercept any data or information;

(viii) engaging the liability of ANKA or resulting in the loss of all or part of the services of ANKA's service providers, in particular its Internet service providers, payment service providers, and storage service providers;

(ix) likely to damage ANKA's reputation or constitute acts of unfair competition or parasitism towards ANKA, any other Member or third parties;

(x) that violate any applicable law or regulation and/or any contractual clause binding the Member.

3.9 By communicating Content via the Site, the Member grants ANKA (but without obligation on the part of ANKA) a non-exclusive, non-transferable, sub-licensable, and free license, worldwide and for the duration of the Member's registration, to use, reproduce, represent, publish, make available, communicate, modify, adapt, display, on the Site and on any other medium (including any physical or digital medium, in any press or financial release or press kit, presentation medium, promotional and/or advertising material, website), by any means, all or part of the Content, without limitation on the number of copies, for storage, advertising, promotional, marketing, communication, public relations and for the purposes of establishing partnerships or sponsorships with ANKA's partners. The Member acknowledges that any use of their Content by ANKA prior to their unsubscription, the deletion of their account or the termination of these Terms and Conditions may not be challenged by the Member.

3.10 By communicating Content through the Site, the Member also grants directly to any User a non-exclusive, personal, non-transferable, non-sublicensable, worldwide license to reproduce and represent the Content for private, non-commercial purposes.

3.11 The Member acknowledges that their Content may be viewed on the Site by any User who can access their profile and follow their activity.

3.12 Each Member agrees to indemnify ANKA in the event of any action by a third party against ANKA where such action has as its cause, basis or origin any Content provided by them on the Platform. Each Member agrees to bear all consequences, including financial consequences, that may result from such action and to indemnify ANKA upon first request. ANKA reserves the right, without compensation, notification, or prior notice, to modify or delete any Content that violates any provision of the Terms and Conditions, as well as to suspend or delete the Member's account.

3.13 In the event that a Member notices the sale of Prohibited Products on the Site, he/she undertakes to immediately inform ANKA by means of the “report a product” button and/or by e-mail to the following address: [email protected].

3.14 The Member also undertakes not to (i) include in its search keywords any terms infringing the rights of a third party, and in particular the copyrights, trademarks, company names or trade names of a third party or of a Member, or using all or part of the pseudonym of another Member, (ii) include in any Content all or part of a URL link, address or other domain name pointing to a site external to the Platform, and/or (iii) unfairly circumvent, hijack and/or obstruct (or attempt to circumvent, hijack and/or obstruct) a service subject to remuneration on the Platform.

3.15 In the event that ANKA becomes aware of any act or action by a Member outside or within the Platform (i) with a view to diverting or attempting to divert all or part of the Buyers or Sellers from the Site or to incite all or part of the Buyers not to buy or no longer to buy on the Site or on any of the virtual stores present on the Site or Platform, (ii) potentially unfair, prejudicial, anti-commercial, derogatory, defamatory, offensive or harmful to ANKA, the Platform, any Member and/or any third party, (iii) otherwise violates applicable laws and regulations with respect to ANKA, ANKA reserves the right to delete its account and terminate these Terms and Conditions or (iv) is intended to promote or share another service or activity other than or through ANKA.

3.16 The Member has an obligation to act in good faith and with respect in its dealings with ANKA and other Members.

4. SELLER'S OBLIGATIONS

4.1 ANKA's objective is clear: to help Sellers sell their Products and develop their business. In particular, it is specified that the Products offered for sale on marketplace.anka.africa must be African products, part of African culture or inspired by Africa, i.e.:

• be composed of African materials of origin or use, whether fabrics, beads, patterns or other components of the product

• have a message, cut or meaning clearly linked to Africa or the "Afro" or "Black" culture in the broadest sense;

• be recognized by the ANKA team as having an African inspiration or impact

This restriction does not apply to ANKA Pay or ANKA Shipping Services, which accept any products or services from the African Seller that are lawful, ethical and comply with the conditions listed in article 4.4. below.

4.2 The Platform enables the Seller to create a virtual store on the Platform by means of a unique account with a unique email address, username and password. In addition, the Seller must offer the Buyer payment by credit card to enable the Buyer to pay in one go for all the Products purchased in several virtual stores on the same Site (single basket) and/or when the amount of the Buyer's order is eligible for payment in 3 instalments.

4.3 ANKA also provides Sellers with promotional tools (such as discount vouchers, partner offers, etc.). The Seller is free to use such tools or not. The use by the Seller of promotional tools made available by ANKA is carried out under the sole and exclusive responsibility of the Seller.

4.4 Each Seller shall refrain from listing and offering for sale on the Site any Products:

(i) explicitly not authorized for sale by ANKA on the Site, in particular in the Sellers' Charter;

(ii) contrary to the laws and regulations in force or morality or not authorized by virtue of contractual provisions, in particular fraudulent Products (in particular Products constituting concealment or illegal importation), infringing the rights of a third party, such as counterfeit Products within the meaning of the provisions of the Intellectual Property Code, sold in violation of selective or exclusive distribution networks, or stolen and/or non-compliant with current regulations on personal health and safety applicable to certain products (such as toys, electrical appliances, cosmetics and personal hygiene products, childcare articles, textile articles or articles made of leather or imitations of leather); ANKA draws the attention of the Seller to the absolute necessity for the Seller who places a Product on the market and in particular for sale on the Platform to ensure that this Product rigorously complies with the laws, regulations and other prescriptions in force, from its production or manufacture until its purchase by the Buyer. Consequently, the Seller undertakes to implement the necessary means to meet this legal and regulatory compliance obligation, in particular the implementation of self-controls at all stages of marketing and the justification of verifications and controls carried out at the request of the competent authorities.
(iii) which are not digital or physical and tangible objects;

(iv) which solicit donations, complements, additions or any other additional pecuniary action.

(v) do not correspond or do not exactly correspond to a Seller's Product actually available for purchase or offered for sale on a Site

(vi) which the Seller does not have and is unable to deliver, in particular within the timeframe indicated in the online offer

(vii) for which the photos have not been taken by the Seller or for which the Seller does not own all the rights. Only photos of products taken by the Seller are authorized.

(viii) any products that promise skin lightening, enlargement of body parts, sexual performance, romance, luck, mystical or spiritual benefits.

4.5 In the event that ANKA observes, following an alert from a Member or as a result of its own actions, the sale of Prohibited Products on the Site, ANKA reserves the right to:

(i) withdraw from sale the said Forbidden Product or any Product contrary to the present Terms and Conditions ;

(ii) block, suspend, close or delete the Seller's account;

(iii) communicate to the competent authorities all information required concerning any offer to sell and/or any purchase of a Prohibited Product on the Site, including Members' personal information where applicable, and/or cooperate with the competent authorities at their request.

4.6 Each Seller undertakes to:

(i) indicate the complete and exact characteristics and qualities of each Product offered for sale on the Platform, the manufacturing lead time, the price of the Product (including all taxes where applicable, including any customs duties to be paid upon receipt), the delivery lead time and shipping and customs duties, in accordance with applicable regulations;

(ii) make all necessary verifications for the manufacture of the Product and provide all necessary information in the offer for sale of each Product so that the offer is truthful and the Buyer cannot be misled. Each Seller is solely responsible for providing all elements of the offer for sale of a Product, in particular the description, photos, sale price, delivery costs and delivery times;

(iii) put the Product on sale in the appropriate category, the Seller being solely responsible for the choice of the category in which it references its Product, this referencing can in no way be interpreted as a guarantee by ANKA on the origin, legal conformity or authenticity of this Product. ANKA may, however, moderate, block or delete a Product that is not in the correct category or that does not comply with the obligations of the Seller's Charter.

(iv) The Seller is solely responsible for the collection, declaration and payment of VAT or any other applicable tax on sales made, depending on its location and that of the Buyer. ANKA does not act as a VAT payer unless expressly stated otherwise. All prices quoted must include any applicable taxes and customs duties if these are known or applicable. Otherwise, the Buyer is deemed to have been informed that he/she may be liable for customs duties or local taxes upon receipt of his/her order.

(v) ANKA also offers an optional international shipping service called “ANKA Shipping”, enabling Sellers to print their labels, benefit from preferential rates, generate delivery tracking, and centralize international shipments.

When a Seller chooses this service :

• He accepts that the labels issued are generated by third-party service providers (DHL, Colissimo, etc.) and invoiced according to the rates and conditions communicated at the time of printing.

• He/she is responsible for the accuracy of the information provided (weight, dimensions, customer address) and therefore for paying any costs caused by errors or changes in this information, including after dispatch, and this for up to 1 year after the dispatch note has been generated.

• Any label generated is considered financially due, even if it is not used.

• ANKA reserves the right to suspend access to the Shipping service in the event of misuse or non-payment, and in the event of a negative balance to initiate any applicable procedure to recover said funds with interest for late payment and loss of value of the invoicing or payment currency, up to 10% per week cumulative.

The Seller remains responsible for the proper receipt of the parcel by the Buyer, including in the event of delay or dispute with the carrier. The use of ANKA Shipping does not constitute a guarantee of delivery.

4.7 Each Seller is solely responsible for any Product that they offer for sale on the Platform, as well as for complying with all laws and regulations applicable to the manufacture and sale of these Products, and shall be solely liable (in particular to a Buyer, but also to ANKA) in the event of damage caused by its Products or, more generally, any consequences related to the offering and sale of its Products. ANKA draws the Seller's attention to the existence of specific regulations applicable to the manufacture and sale of certain regulated products, such as toys, electrical appliances, childcare items, textiles, leather or imitation leather items, etc. ANKA shall in no way be held liable for the sale by the Seller of a Product that does not comply with the laws and regulations in force.

The Seller undertakes to indemnify ANKA in the event of any complaint, action or claim by a third party against ANKA relating to the non-compliance of a Product with the regulations in force, and to compensate ANKA for all consequences relating to the non-compliance of its Products with the laws and regulations in force. The Seller therefore undertakes to pay directly all sums, including any fines, legal costs, attorneys' fees, and other amounts that may be due in this regard (or to reimburse ANKA upon first request).

4.8 The Seller undertakes to keep the Buyer's information confidential and not to disclose it. The Seller also undertakes to use the contact details and other data provided by the Buyer solely for the purposes of fulfilling the order and the legal obligations associated with it. In particular, the Seller undertakes not to offer the Buyer products available outside the Platform and not to use the Buyer's personal data for purposes other than the fulfillment of the order placed on the Site.

4.9 Each Seller guarantees that it holds all the necessary rights to sell any Product offered for sale by it on the Platform and indemnifies ANKA against any claim concerning the content of an offer to sell a Product and/or the execution of the sale.

4.10 In the event of a dispute between Sellers due to Content published by one of them (for example, in the event of theft, plagiarism, counterfeiting, or alleged unfair competition by one of the Sellers), it is up to the Sellers to contact each other and settle their dispute between themselves. ANKA is not required to intervene, although ANKA reserves the right to sanction one or more of the parties concerned on the platform. ANKA therefore reserves the right not to follow up on a Seller's complaint addressed to it in such a case, without incurring any liability in this regard. Any potential intervention by ANKA shall not replace the Seller's consultation with a lawyer, if necessary.

4.11 Sellers who are absent for more than 48 working hours undertake to put their virtual store on standby by activating the standby feature made available to them by ANKA on the Platform. ANKA also provides Sellers with an option to automatically put Product offers back online.

4.12 Sellers whose behavior (on or off the Platform) is likely to damage the image and/or reputation of ANKA or the Platform may have their behavior sanctioned by ANKA in accordance with Article 12.2 of these Terms and Conditions, particularly in the event of repeated negative reviews or subsequent disputes with one or more Buyers.

4.13 Sellers who wish to be paid via their Virtual Wallet must first provide their bank details to ANKA. Sellers agree that the amounts owed to them for Products sold on the Platform and paid for on the Platform by credit card, in three installments, or as part of a single shopping cart will be credited to their Virtual Wallet. The Seller may recover the amount in their Virtual Wallet by bank transfer, to the credit card linked to their ANKA wallet, or by money transfer in accordance with the conditions specified in Article 7.

4.14 Professional Sellers

Sellers acting in a professional capacity must indicate this on the Platform and provide their registration number in the Trade and Companies Register, as well as any other information required by ANKA to identify them.

It is the responsibility of each Seller to determine whether they are acting in a professional capacity or not, seeking, where necessary and at their own expense, the legal assistance required to determine their status and carry out all appropriate formalities in this regard.

ANKA also reminds Sellers acting in a professional capacity of their obligation to comply with all the rules and obligations incumbent upon them in their capacity as professionals, in accordance with applicable law, including, but not limited to, consumer law (clarity of the offer made to the consumer, consumer information, availability of Products, delivery conditions, consumer right of withdrawal, invoicing and distance selling, guarantees, etc.), company law, social law, tax law, legislation relating to unfair, misleading or aggressive commercial practices, and legislation relating to sales, with which they claim to be fully familiar.

The Seller acting in a professional capacity guarantees ANKA that it will comply with all its obligations as a professional and will compensate ANKA for any consequences related to the Seller's failure to fulfill any of its obligations as a professional Seller. The professional Seller therefore undertakes to pay directly all sums, including any fines, legal costs, lawyers' fees and other amounts that may be due in this respect.

4.15 The Seller undertakes to comply in its terms and conditions of sale with all legislation and practices in force in its country and in that of the buyer, in particular with regard to exchanges, refunds and the payment of return costs. The Hamon Law, in force in France, is the default reference in the event of a conflict of legislation between the countries of the parties to the transaction.

4.16 As a member of the community and in order to preserve its image, the Seller has an obligation to use all means necessary to settle any dispute amicably and to the advantage of the Buyer as far as possible, even if the latter is unpleasant or acting in bad faith. The Seller is then free to terminate the transaction by refunding the buyer while remaining cordial and polite.

4.17 The Seller undertakes to deliver the products to the Buyer within the time limits indicated in the product description or, ideally, before these deadlines or, if no specific time limit is indicated, within 10 days. Otherwise, the Seller undertakes to keep the Buyer informed at least once a week and, if the Buyer so requests, to refund the Buyer in full. This refund must be made even if the product is in the process of being delivered but the announced deadline has been exceeded.

4.18 The Seller undertakes to comply with each and every point of the Seller's Charter scrupulously, in accordance with ANKA's requirements, in good faith and as proactively as possible. Failure to do so will result in the penalties mentioned herein, as well as in these General Terms and Conditions.

4.19 The terms and conditions of sale established by the Seller may not contradict these General Terms and Conditions and shall only apply in cases where the situation in question does not correspond to the rules set forth herein or those of the Seller's Charter.

In the event of a conflict or difference between a store's terms and conditions of sale and those of the Platform, the Seller undertakes to always comply with these Terms and Conditions and to bring its own terms and conditions into compliance within 7 days, failing which its store may be blocked or deleted.

5. BUYER'S OBLIGATIONS

5.1 The Buyer may only create one account on the Platform. By opening an account on the Site, the Buyer gains access to the Platform and can purchase Products on the Site using the same account.

5.2 The Buyer undertakes to comply with all laws and regulations relating to the purchase of goods of any kind.

5.3 After selecting their Product(s), the Buyer must check the details of their order and its price, provide any necessary information for the chosen payment method, and correct any errors. The seller's confirmation of the order will automatically constitute acceptance by the Buyer.

5.4 Once the Buyer has placed an order for Products on the Platform, the Buyer agrees that their first and last names, as well as their delivery address, country, and city, will be communicated to the Seller and potentially to all visitors to the site (via reviews).

The Buyer is also responsible for checking the address provided and cannot hold the Seller or ANKA liable in the event of an error in the address provided.

5.5 Orders placed by the Buyer are independent of each other. If one or more orders have not been accepted by the Seller(s) concerned, the Buyer's other orders remain valid and binding on the Buyer. Consequently, the fact that one or more Products ordered from one or more Sellers on the Platform are not available is not a reason to cancel all of the Products ordered, as the Buyer is bound by the order for the other Product(s) that are available.

5.6 Upon receipt of the Products ordered, the Buyer shall confirm receipt. If the Products are not received, the Buyer shall file a complaint. If the Product(s) ordered are not received, the Buyer shall file a complaint with the Seller. If, after 30 days from the date of shipment of an order, no confirmation or complaint has been received by the Seller, the transaction shall be deemed to have been completed between the Seller and the Buyer.

5.7 The Buyer is responsible for reviewing the entire product description and the terms and conditions of sale and delivery before making a purchase. The Buyer may not withdraw from the purchase on these grounds or blame the Seller or ANKA for any confusion, omission, or inattention on their part.

5.8 The Buyer is responsible for contacting the ANKA team if they wish to modify the information displayed about them or to be removed from ANKA's database or mailing list.

6. SALES PROCESS

6.1 To purchase on the Platform, you must first register as a Member, or register as a Member at the time of purchase.

6.2 The following payment methods are available on the Platform: via the secure credit card payment system set up by ANKA, payment via PayPal (if the Buyer has a PayPal account). The Buyer may also pay for their purchases using their Virtual Wallet, provided that it has sufficient funds. Otherwise, the Buyer will not be able to pay for their order using their Virtual Wallet.

The sale is concluded between the Buyer and the Seller as soon as the Seller confirms it on the Site.

6.3 The Buyer may add Products from several virtual stores to their basket and pay for the entire basket in one go. In this case, the Buyer must pay for their purchases by credit card or through their PayPal account. Once payment has been made, each Seller will manage the order for their Products in accordance with the provisions of this Article 6 and, more generally, these General Terms and Conditions. As soon as the Buyer has finalized their order on the Site, an order confirmation will be sent to the Buyer and the Seller.

6.4 The sale is concluded between the Buyer and the Seller as soon as the Buyer has paid for their order on the Website, subject, in the case of payment by credit card via the secure credit card payment system set up by ANKA, to confirmation by the Seller within 48 hours that they are able to fulfill the order. In this case, after this period, the order will be automatically canceled and the Buyer will be automatically refunded. All refunds are made by default to the Buyer's virtual wallet, who is responsible for transferring them to their account or using them again. In the case of payment in three installments, the canceled amount is first deducted from future payments, including those for remaining orders. A refund is then made to the Buyer's wallet only if it exceeds the amount remaining to be paid.

The Seller's store will also be temporarily suspended if the Seller has not provided a response for the third consecutive time. If the Seller confirms the order within 48 hours, their Virtual Wallet will be credited with the transaction amount (product price plus shipping costs) at the time of confirmation of receipt (or upon confirmation if it is “Verified”). In accordance with the Seller Charter, a defined number of consecutive cancellations or cancellations within a given period may lead to the suspension or removal of a store on ANKA.

NB: Amount transferred to the Wallet = total amount of the order - (commission + transaction fees)

6.5 The Buyer may also pay for their order in three installments on the Site. In this case, the Buyer will be charged a fee of 10% of the total order amount. The payment schedule will be as follows: one third of the order amount plus administrative and delivery fees will be due on the day of the order, one third 30 days after the order, and the balance 60 days after the order. This option is only available to the Buyer for orders over $60 on the Website. Fees may be waived and/or minimum order amounts reduced by ANKA as part of one-off promotional offers. Payment must be made by credit card.

The Seller must ship the products as soon as the order is confirmed, even in three installments and without waiting for all payments to be received.

In the event of payment failure, collection fees will be charged and the Seller may not recover the missing funds if ANKA is unable to make up the difference.

6.6 The Seller is responsible for shipping and delivering the order to the Buyer, in accordance with the delivery times announced to the Buyer at the time of the order and the applicable legal provisions. The Buyer's full contact details will be available to the Seller once payment has been made. As soon as the Seller is ready to ship the order, they must inform ANKA and the Buyer, indicating to the latter the delivery date or the expected delivery time. If the order is shipped by tracked mail, the Seller also undertakes to provide the Buyer with the tracking number. The Products ordered are shipped and delivered at the Seller's expense and risk. In the event of shipment without a tracking number, the Seller is therefore responsible for resending the product at its own expense.

6.7 Upon delivery, the Buyer must confirm receipt of the order and rate the Seller in order to allow the Seller to release the funds paid. In the case of tracked shipping, upon request to ANKA, the Seller may be credited for their sale if the tracking indicates that the product has been received, even if the Buyer has not yet responded after being contacted by the Seller.

6.8 The transaction can be tracked at any time on the Site by the Member through their account.

6.9 Complaints, exercises of the right of withdrawal, and requests for refunds made by the Buyer must be addressed to the Seller before the legal withdrawal period and up to a maximum of 30 days after the purchase. Complaints and disputes will be handled directly between the Buyer and the Seller. The transaction is deemed to be closed when the Buyer confirms receipt of the order through their account or when 30 calendar days have elapsed since the purchase without any dispute being reported to ANKA. Ultimately, in the event of no response or solution from the Seller (or more than 48 hours without a response or solution), ANKA is responsible for refunding the Buyer and ensuring that they are satisfied or reimbursed for each transaction on the Site.

6.10 Once the order has been delivered, the Buyer may evaluate the transaction using the evaluation system available on the Site. At the end of this process, the transaction will be “completed.”

6.11 ANKA is in no way responsible for the sale and cannot provide any guarantee in this regard.

6.12 Complaints, exercises of the right of withdrawal, and requests for refunds made by the Buyer must be addressed to the Seller and will be handled directly between the Buyer and the Seller in accordance with Article 7. The transaction will be deemed closed 30 days after the purchase, unless a complaint is made by the Buyer. At any time, the Seller may contact ANKA to intervene and ensure that they are satisfied or reimbursed for any transaction. By default, all Sellers must refer to the ANKA Seller Charter to determine how to proceed in case of doubt about a claim. In the event of a dispute that is not resolved within 7 days, the Buyer may contact ANKA Customer Service, which will intervene.

6.13 ANKA has set up a secure credit card payment system on the Platform, allowing the Buyer to pay for their order directly on the Platform by credit card at the time of finalization. Payment by credit card will be mandatory in all cases specified in these Terms and Conditions. In addition, ANKA may also require payment by credit card in three installments if the Buyer's order from a single store reaches the threshold for eligibility for payment in three installments.

6.14 In this case, the Seller authorizes ANKA, in its name and on its behalf, to open an account with the institution chosen by ANKA and/or any other financial partner offering equivalent services that may be substituted for it. The parties agree that this account will only be used for the purposes of executing these General Terms and Conditions in the event that the Buyer chooses to pay for their Products using the secure payment solution set up by ANKA and in accordance with its terms and conditions. The Seller expressly waives any claim to the benefit of any sums (interest or other) that may be generated by the immobilization of the amounts received in connection with the order and the execution of the sale. The mandate is limited to the collection of sums received in the name and on behalf of the Seller.

6.15 With regard to withdrawals of funds from the Virtual Wallet, the Seller must wait either for the Buyer to confirm receipt of the Product(s) (and not initiate a dispute), or for 30 days to have elapsed since the Seller indicated shipment (and provided the corresponding valid tracking number). Only “Verified” sellers (defined manually by ANKA) are exempt from this rule and may withdraw their funds on a weekly basis. For a payment request to be considered, it must be made on the Platform before Wednesday at 9 a.m. UTC, otherwise it will be considered the following week.

7. PAYMENTS AND VIRTUAL WALLET

7.1 ANKA Pay is a virtual wallet management service that allows Members to receive the proceeds of their sales via electronic payment methods (cards, transfers, split payments, etc.).

7.2 Payments from Buyers are collected on behalf of ANKA by one or more authorized payment service providers operating in the European Economic Area (EEA). The funds thus collected are then transferred by ANKA to Sellers via cross-border transfers from Europe to the Seller's country of residence.

7.3 ANKA acts as a commercial networking platform operator and representative of Sellers for the collection and redistribution of funds, without holding the status of a payment institution or electronic money institution within the meaning of Articles L.521-1 et seq. of the Monetary and Financial Code. Funds are held temporarily in business accounts opened in ANKA's name with its service providers or banking partners, without interest. The balance of the Virtual Wallet does not constitute a deposit or payment account within the meaning of the regulations.

7.4 The Seller's funds in the ANKA Virtual Wallet are only payable from the date of a payout request made on the Platform by the Seller and subject to validation by ANKA. As long as they are not formally requested as a payout, these funds are not payable and are freely usable by ANKA until requested by the Seller. The total amount of authorized withdrawals is capped at €15,000 (or the equivalent in local currency) per calendar week, across all accounts.

This threshold may be exceptionally lifted upon reasoned request, subject to enhanced identity and source of funds checks.

7.5 Except in cases of dispute, withdrawals of funds may only be initiated at the express request of the Seller via the Platform, subject to validation by ANKA. The total amount of authorized withdrawals is capped at €15,000 (or the equivalent in local currency) per calendar week, across all accounts. This threshold may be waived in exceptional cases upon reasoned request, subject to enhanced identity and source of funds checks. Payments are collected on behalf of ANKA by one or more approved payment service providers. For confidentiality reasons, the updated list of these providers is available on request to Sellers and partners of the ANKA group. Members acknowledge and accept that the data necessary for the execution of payments may be transmitted to these providers, in compliance with applicable regulations, in particular with regard to the protection of personal data and the fight against money laundering.

8. COMPLAINTS AND RIGHT OF WITHDRAWAL

8.1 Complaints, exercises of the right of withdrawal, and requests for refunds made by the Buyer must be addressed to the Seller and will be handled directly between the Buyer and the Seller with the intervention of ANKA at any time if necessary and/or requested. It is up to the Buyer and the Seller to reach an agreement. The Buyer and the Seller may each follow the procedure in their respective accounts and will have an alert system in their order tracking and may contact ANKA at any time.

8.2 The Buyer and the Seller shall act with all due diligence to resolve the complaint satisfactorily. The final decision to refund the Buyer rests with ANKA. However, if the Seller refuses to honor a complaint, request for withdrawal, cancellation, or return made by the Buyer, or fails to process such complaint or request within 48 hours of its receipt, ANKA reserves the right to review the Buyer's complaint or request and, in the event of refusal or abusive non-processing by the Seller, to reimburse the Buyer for the amount of the order concerned. This amount will be re-invoiced to the Seller and collected under the conditions set out in Article 8.3.

8.3 In the event of a complaint and until the dispute is resolved, ANKA reserves the right to temporarily block the Seller's Virtual Wallet. In the event of repeated complaints against the same Seller or a high rate of cancellations, disputes, or chargebacks compared to the average for Sellers, ANKA also reserves the right to temporarily block the Virtual Wallet of the Member concerned, to temporarily or permanently suspend and/or close the account of the Member concerned.

8.4 In the event of a complaint relating to a non-compliant Product or the exercise of the right of withdrawal, the Buyer undertakes to return the Product to the Seller. In particular, the Buyer undertakes to package the Product properly and to take all necessary precautions for its transport.

8.5 Buyers who have paid for a Product by credit card via the Platform's secure payment system will be refunded to their Virtual Wallet or to the payment method used for the purchase. In the event of a refund to their Virtual Wallet, the Buyer may use their Virtual Wallet to make other purchases on the Platform or, at any time, request that the amount credited to their Virtual Wallet be transferred to the bank account of their choice or paid to another method of their choice, subject to validation by ANKA.

9. FINANCIAL PROVISIONS

9.1 ANKA Fees

NKA is remunerated in particular for connecting Buyers and Sellers and charges service fees consisting of a commission and/or a subscription fee in accordance with the principles described in this article.

ANKA reserves the right, without compensation, to modify its policy regarding the sale of Products on the Platform and/or the commission charged by ANKA, and will inform Members of any such changes. In the event of a reduction in these fees, commissions, and rates, such changes will take effect as soon as they are posted on the Site. If the change is temporary (e.g., during special promotional days), the duration of this change will also be communicated to Members and posted on the Site. In the event of an increase in these fees, commissions, and rates, ANKA shall inform the Sellers, who shall be required to accept these new changes. These changes shall take effect on the date communicated or, by default, at the end of the month following the month in which these changes were notified to the Sellers. If the Seller does not accept the new applicable financial conditions, they are free to terminate these General Terms and Conditions in accordance with Article 11 of these General Terms and Conditions, which will result in the termination and closure of their account, under the conditions set out in Article 11.1 of these General Terms and Conditions.

9.1.1 Classic offer

In the case of a “classic” seller, a subscription package of their choice will be required:

• A quarterly subscription of €60

• A half-yearly subscription of €100

• An annual subscription of €200

It will be deducted automatically from the portfolio, funded by payments or by any other means made available to ANKA.

This subscription will be renewed by tacit agreement, whether monthly, quarterly, half-yearly or annually. In order to terminate it, the Seller must make a formal request to the ANKA.africa customer service department, which will take it into account before the next subscription expiry date.

In addition, as remuneration for the introductory service provided by ANKA, the Seller agrees to pay ANKA, upon acceptance of the Buyer's order and payment by the latter of the total price of the order, also a commission of 12% including VAT, as well as transaction fees of 4% on the total amount of the order including shipping costs.

In the event of reimbursement to the Buyer, the commission due to ANKA will be deducted from the next commissions due by the Seller in proportion to the amount reimbursed to the Buyer and the Seller undertakes to pay ANKA the balance of the commission due. In this case, the reimbursement will be made on a pro rata basis of the amount reimbursed to the Buyer and the Seller undertakes to pay ANKA the balance of the commission due, if any. It is however specified that ANKA will not reimburse the commission to the Seller in the event that (i) the Seller refuses to accept a claim from the Buyer or does not process this claim within 48 hours and reimburse the Buyer and (ii) more generally, the Seller does not comply with its obligations in accordance with these GCU.

In the context of ANKA's implementation of specific operations (such as affiliation programs and/or partnerships with third-party companies and/or websites), the amount of commissions provided for in these General Terms and Conditions may be modified. In this case, ANKA will inform each Member in advance of the commission applied for such operations.

9.1.2 “Top seller” offer

ANKA reserves the right to determine at store creation and to re-evaluate on a weekly basis whether and how a Seller is to be invoiced as a “top seller”.

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 deducted automatically from the portfolio, fed by payments or by any other means made available by ANKA.

This subscription will be renewed by tacit agreement, whether monthly, quarterly, half-yearly or annually. In order to terminate it, the Seller must make a formal request to the ANKA.com customer service department, which will take it into account before the next subscription expiry date.

In addition, as remuneration for the introductory service provided by ANKA, the Seller agrees to pay ANKA, as a result of the acceptance of the Buyer's order and the Buyer's payment of the total price of the order, also a commission of 6% including VAT, as well as transaction fees of 4% on the total amount of the order including shipping costs.

In the event of reimbursement to the Buyer, the commission due to ANKA will be deducted from the next commissions due by the Seller in proportion to the amount reimbursed to the Buyer and the Seller undertakes to pay ANKA the balance of the commission due. In this case, the reimbursement will be made on a pro rata basis of the amount reimbursed to the Buyer and the Seller undertakes to pay ANKA the balance of the commission due, if any. It is however specified that ANKA will not reimburse the commission to the Seller in the event that (i) the Seller refuses to accept a claim from the Buyer or does not process this claim within 48 hours and reimburse the Buyer and (ii) more generally, the Seller does not comply with its obligations in accordance with these GCU.

In the context of ANKA's implementation of specific operations (such as affiliation programs and/or partnerships with third-party companies and/or websites), the amount of commissions provided for in these General Terms and Conditions may be modified. In this case, ANKA will inform each Member in advance of the commission applied for such operations.

9.2 Method of payment and invoicing

The commission and any other fees due to ANKA will be directly deducted from the amounts credited to the Seller's Virtual Wallet in the event of payment via ANKA's secure credit card payment system, at the time of confirmation by the Seller of the order (no later than 48 hours after the order). They will also be automatically deducted from the Seller's Virtual Wallet, including in the negative if the current balance is insufficient. ANKA therefore reserves the right at any time to debit the amount of commissions and fees owed by the Seller from his Virtual Wallet and/or from the means of payment he last used to fund his Wallet.

ANKA's commissions and fees therefore amount to a total of €60 per quarter, or €100 per half-year or €200 per year, plus a commission of 6 or 12%, plus a transaction fee of 4% on the total amount of the sale, including shipping costs.

The outstanding amount must be paid by the Seller by credit card or PayPal at any time up to a maximum of 7 calendar days after the end of the subscription period. If payment is not received within this time, late payment interest of 10% per week may be charged. If a Seller wishes to pay its ANKA service fees by another means, it must make a request to ANKA by email to [email protected].

It should be noted that any subscription or package purchased is valid for the duration of the future package and replaces any current subscription, without prorata or refund.

In the event of payment by the Buyer via the secure payment system, the Vendor may request the transfer of the balance to his bank account, subject to the conditions defined in article 7, which will be carried out on the following Wednesday. The Seller must first register his bank details on his account. For Sellers located outside the SEPA zone, additional charges may apply.

The Seller will have access to the history of amounts due to ANKA on request

9.3 Recurring payments, subscriptions and other deferred payments

By means of ANKA virtual wallets, users of the platform also have the possibility of setting up recurring payments such as payment in 3 installments.

It should be remembered that any subscription to recurring payments includes a commitment to pay on time, regardless of the financial condition of the subscriber. Specifically, any payment failure or delay attributable to the beneficiary of recurring payments may be subject to additional processing and collection fees.

If a recurring payment is due quarterly (3 months) or half-yearly (6 months), it will be automatically renewed and debited for the same duration, without any specific warning or compulsory mention.

In the event that a Member wishes to terminate recurring payments, he/she should make a specific request on the platform or by email to [email protected], specifying the reason for termination. If this request is accepted, it will only be effective after the next due date of the subscribed service.

9.4 Boost packs and other showcasing services

Sponsored display credits are priority views of products that a Seller can purchase in order to advertise them. In fact, by using these credits to sponsor these products, they will appear 1st and in the spaces provided for this purpose in category pages, collections and the corresponding searches. The calculation is as follows: each time a visitor views a featured product page, 1 display credit is used per product.

For example: if a visitor sees 3 pages with 10 of your sponsored products on them, that's 30 (3×10) display credits used.

Sellers can modify their product showcases at any time in their personal space in the “Showcases” section, and buy display credits directly from the various offers available.

Please note:

• ANKA reserves the right to accept, moderate or refuse any boost, even if paid for by the creator, in order to preserve the quality of the offer on the platform, without compensation in the event of disagreement

• Even in the case of a boost including a post on social networks or in newsletters, ANKA is not obliged to carry it out if it does not consider it sufficiently qualitative or useful for its audience. Boost packs are first and foremost for display credits; any additional action is optional and subject to ANKA's agreement

• In the case of an accepted additional highlight on social networks or in newsletters, ANKA undertakes to contact the creator to discuss together the content to be highlighted. In the absence of a response from the latter within 48 hours, ANKA may cancel the action or carry it out of its own accord, without any possible compensation.

9.5 Invoicing and ANKA group entities

Depending on the service subscribed to (access to the Marketplace, subscription to ANKA Pay, ANKA Shipping, training, or any other offer), the invoicing of fees and commissions due to ANKA will be digital, on the platform and only transmitted upon formal request from the seller, in the following manner:

• at each renewal date of the subscription or use of the service concerned;

• by the most appropriate ANKA Group company, depending on the Member's location, the nature of the service concerned, the methods of execution and the applicable regulatory or tax requirements.

This contracting entity will be expressly mentioned on the invoice as the supplier or service provider. The Member accepts that this allocation is based on internal cooperation agreements between ANKA group companies, without this resulting in double invoicing or substantial modification of the services rendered.

ANKA reserves the right to update the breakdown of contracting entities, in compliance with legal and contractual obligations, without prior notice, provided that this does not modify the total amount due or the essential characteristics of the service.

10. OWNERSHIP OF THE PLATFORM

10.1 The Platform, the Site, its contents, catalog, respective texts, illustrations, photographs and images, and all other visual and sound elements, including the underlying technology used, are the exclusive property of ANKA and/or third parties contractually linked to ANKA, holders of the intellectual property rights relating to the Platform. Notwithstanding the foregoing, the Content provided by each Member is and remains the property of each Member, subject to the license granted by the Member to ANKA and Users in accordance with articles 3.9 and 3.10 of these Terms and Conditions. ANKA is free to use the content posted on the platform for its own communication, promotion and presentation of the platform or the Member's store.

10.2 It is forbidden to reproduce, represent and/or exploit all or part of the Platform, the Site, its content, catalog, texts, illustrations, photographs and images and all other visual and sound elements, including the underlying technology used, without the prior authorization of ANKA. As an exception to the foregoing, the Platform User is authorized to reproduce (including by downloading or printing all or part of the Platform) and represent all or part of the Platform, for strictly personal and private purposes and to the exclusion of any commercial or lucrative purpose.

10.3 Any person who publishes the Website and wishes to create a direct hyperlink to the Website must request ANKA's permission in writing. Under no circumstances will ANKA's permission be granted on a permanent basis. The link must be removed at ANKA's request.

10.4 Hyperlinks to the Website using techniques such as framing or in-line linking are strictly prohibited.

11. COMPLIANCE WITH THE LAW

11.1 Each Member undertakes to comply with the laws, regulations and standards of all kinds in force relating to the use of the services offered via the Platform, to the offering for sale, purchase, solicitation of offers to purchase or sale of items.

11.2 In addition, each Member expressly acknowledges that the use of ANKA's services by him/her may result in his/her being classified as a “trader” within the meaning of Article L121-1 of the French Commercial Code, and that additional obligations may apply in his/her capacity as a professional.

11.3 In the event of serious fraud (fraudulent copying, concealment, illegal importation, etc.) or upon request, ANKA will communicate all necessary information, including personal information, to the competent services responsible for the repression of said frauds and offences.

11.4 The processing of personal data collected on the Platform is carried out in accordance with the obligations resulting from Regulation (EU) 2016/679 of 27 April 2016 (RGPD) and French law n°78-17 of 6 January 1978 as amended.

11.5 The purpose of the data collected is the management of accounts, orders, payments, disputes and customer service, as well as the improvement of services and commercial prospecting within the limits of the consent given.

11.6 Each Member has a right of access, rectification, opposition, deletion and limitation of processing, as well as a right to the portability of his or her data. These rights may be exercised by sending an e-mail to the following address: [email protected].

11.7 Certain data may be transferred outside the European Union, in particular to ANKA Marketplace's technical partners and payment service providers. In this case, ANKA guarantees that transfers are governed by standard contractual clauses or any other appropriate guarantee within the meaning of the RGPD.

11.8 ANKA shall not be held liable for any breach of its contractual obligations resulting from a case of force majeure, as defined in Article 1218 of the French Civil Code, including but not limited to: network failure, acts of piracy, denial of service attacks, epidemics, labor disputes, or exceptional government measures. In the event of attempted fraud, illicit use or security compromise, ANKA Marketplace reserves the right to suspend access to the Virtual Wallet or the Member account concerned until the situation has been rectified or fully verified.

12. DURATION AND TERMINATION OF TERMS AND CONDITIONS

12.1 These General Terms and Conditions are entered into for an indefinite period and may be terminated at any time by the Member or by ANKA, without any particular reason, by e-mail or via the Platform. Any termination shall take effect at the end of the month following the month in which notice was given.

12.2 Without excluding other remedies, ANKA reserves the right to issue a warning, to temporarily or permanently suspend a Member's registration, to immediately terminate it and to cease providing its services to the Member in the following cases:

(i) in the event of a breach of these General Terms and Conditions or of the documents incorporated by reference herein;
(ii) if ANKA is unable to verify or authenticate the information provided, and the Member fails to comply with its requests for verification and/or authentication;
(iii) if the Member's actions are likely to engage the liability and/or image/reputation of ANKA, the Member or any other Member.

12.3 In the event of termination, the Member's account will be deactivated and the Blog and/or the Seller's Shop will become inaccessible and disappear from the Platform's search engine on the effective date of termination.

13. ACCOUNT DELETION

13.1 If a Member wishes to delete its account, it must send its request to [email protected]

13.2 ANKA will delete the account of the Member making the request provided that all orders have been honoured, complaints, exercises of the right of withdrawal and requests for reimbursement have been processed and that no other operations are in progress.

14. LIABILITY

14.1 ANKA is only bound by an obligation of means.

14.2 ANKA shall only be liable for direct damages that are exclusively attributable to a contractual fault committed by ANKA. Except in the event of fault on its part, ANKA shall not be liable for any damage suffered by a Member or a User as a result of the use of all or part of the Platform or the Site or as a result of the impossibility of using all or part of the Platform or the Site. Nor shall ANKA be held liable for any malfunction, breakdown, delay or interruption in access to the Internet network.

14.3 In its capacity as host of Content posted online by Members, ANKA shall not be held liable for Content published on the Platform or the Site by Members.

14.4 With respect to Professional Sellers, in the event of proven fault committed by ANKA, ANKA's liability, regardless of the circumstances, shall not exceed the greater of the following amounts:

(i) the total amount of commissions paid to said Seller during the 12 months preceding said liability action; or
(ii) 100 euros.

14.5 Any Member is invited to notify ANKA in the event of a breach of these General Terms and Conditions, in particular in the event that it becomes aware of the sale of Prohibited Products, at the following address: [email protected]

14.6 ANKA shall not be held liable for any disputes arising between Members.

15. EVIDENCE

15.1 The parties acknowledge that the production by ANKA of the records on ANKA's servers of the use of the Platform, and in particular of the Members' personal access codes and connection logs, shall constitute proof between the parties.

16. GENERAL STIPULATIONS

16.1 ANKA reserves the right at any time and at its sole discretion to suspend or interrupt access to the Platform or the Site and/or the operation of the Platform, in whole or in part, in particular for maintenance, operational requirements, internal choices or in the event of an emergency. ANKA also reserves the right at any time and at its sole discretion to remove or modify any content, in particular for technical, commercial or practical reasons. It is understood that ANKA shall in no way be held liable for such actions, nor shall they give rise to compensation or damages for the benefit of a Member or a User of the Platform.

16.2 Unless otherwise expressly stipulated in these General Terms and Conditions, any notification sent to ANKA must be sent by e-mail (to [email protected]).

16.3 Any notification addressed to ANKA but intended for a Member will in principle be sent by e-mail to the address that this Member communicated to ANKA at the time of registration. Notifications shall be deemed to have reached a Member 24 hours after an e-mail has been sent, unless the sender is notified that the e-mail address is invalid.

16.4 Notifications may also be sent to the Member by registered letter with acknowledgement of receipt, to the address communicated at the time of registration. The 24-hour period mentioned above is then extended to 3 days after the letter is sent.

16.5 These General Terms and Conditions, together with the documents referred to in the General Terms and Conditions which are incorporated by reference, constitute the entire agreement between the parties. ANKA reserves the right to modify the General Terms and Conditions and will inform each Member by e-mail.

16.6 Subject to the stipulations contained in article 8.1 concerning the modification of the policy relating to introduction fees and in article 8.2 concerning invoicing methods, the modifications made to the General Terms and Conditions will be effective 15 days after they have been put online. During this 15-day period, each Member may notify ANKA that it does not accept these changes, in which case the present General Terms and Conditions and therefore its right to use ANKA's services will terminate at the end of the 15-day period.

16.7 In the event that one or more of the terms and conditions contained in the General Terms and Conditions are deemed illegal, unenforceable or inapplicable by a court decision, the other provisions of the General Terms and Conditions shall remain in force, provided that the overall structure of the General Terms and Conditions is not disrupted.

16.8 Each Member agrees that the rights and obligations arising from these General Terms and Conditions and all documents incorporated by reference herein may be freely and automatically assigned by ANKA to a third party in the event of an asset transfer, merger or acquisition.

16.9 ANKA's tolerance of a breach of these General Terms and Conditions by a Member or a third party shall in no way affect its rights and actions against any other similar and/or subsequent breach.

17. APPLICABLE LAW AND JURISDICTION

17.1 These General Terms and Conditions are governed by and construed in accordance with French law.

17.2 The French courts shall have jurisdiction to rule on any disputes that may arise between the parties in connection with the performance of these General Terms and Conditions. AS AN EXCEPTION TO THE FOREGOING, ANY DISPUTE WITH A MEMBER ACTING IN A PROFESSIONAL CAPACITY SHALL FALL WITHIN THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PARIS.

17.3 Disputes arising between Members must be settled between the Members and ANKA is not required to intervene or settle the said dispute.

17.4 In the event of a dispute between a Member and Anka Marketplace, the parties agree to attempt to resolve their dispute amicably before any legal action is taken. To this end, they agree to have recourse to a professional mediator referenced by the Centre de médiation et d'arbitrage de Paris (CMAP) or any other body designated by mutual agreement.