Terms and conditions of sale

These General Terms and Conditions of Sale (GTCS) define the rights and obligations of the tourism agency “YAFOHI TRAVEL” or partner service providers and those having the status of consumers or non-professionals within the meaning of Law No. 2016-412 of June 15, 2016 on Consumer Affairs in the Ivory Coast and having the legal capacity to transact (hereinafter referred to as “E-Customers”). The Terms / stated on the site https://www.yafohi-travel.com are to the standards of national legislation [ Ivorian] and those supranational community [ ECOWAS] not contrary to national laws regulating electronic transactions, the sector of Information Technology and Communication, Consumer Affairs, the protection of personal data , the fight against Cybercrime, the Civil Code .and those of the Tourism Code N ° 2014-139 of March 24, 2014 on the Tourism Code;

Thus, because of the type of contract submitted to the users of the site, Contract of adhesion characterized by the standardization of the clauses, non-negotiable and determined in advance by the professional, YAFOHI TRAVEL exerts its duty of information by communicating in a legible, audible and comprehensible way in a current language on the characteristics of the remote contract, of the conditions of its formation, validation, retractation and/or resolution.

The Customer declares that he/she has read and understood the following before making any reservation, placing an order or concluding an online sale.

Below are the contractual clauses binding the Parties: Professional and Customer Subject to those expressly designated as derogatory by the Professional below.

• E-commerce: economic activity whereby a person offers or provides goods or services remotely and electronically; e-commerce also includes the provision of services.
• Electronic money: card, Internet and mobile payments.
• Distance selling: Any sale of goods or provision of services concluded without the simultaneous physical presence of the parties, between a consumer and a professional, who, for the conclusion of this contract, use exclusively one or more distance communication techniques, constitutes a distance sale.
• An off-premises sale is any sale of goods or provision of services concluded between a trader and a consumer in a place other than that where the trader carries on business on a permanent or habitual basis in the simultaneous physical presence of the parties, including following a solicitation or offer made by the consumer. (Art.10 of law ° 2013-546 of July 30, 2013 relating to electronic transactions)
• Tourism offer: A range of products, facilities and services designed to meet the needs of tourists for their stays and trips (weekends; cruises, tours, flights; trains; hotels; car rentals; other services).
• Durable medium: Any instrument enabling the professional or consumer to store information addressed personally to him or her, so that he or she can refer to it later for a period of time appropriate to the purpose for which the information is intended, and which allows identical reproduction of the stored information.

YAFOHI TRAVEL, provides the public with a website https://www.yafohi-travel.com accessible via mobile terminals and computers with an internet connection.

The terms and conditions of sale are expressly written in French, the official language of the Ivory Coast. However, the e-merchant is free to use any other language.

In accordance with the Consumer Code Act, and the Electronic Transactions Act, resulting from the transposition of additional act A-SA.2/01/10 of February 16, 2010 on Electronic Transaction in the ECOWAS zone, the price of any offer must be precise and unambiguous.

To this end, the consumer is informed, by means of marking, labeling, affichage or any other appropriate process, of the prices of products and services and other information (dates, terms and performance schedule, etc.).

In all cases, the total amount due by the Buyer / E-Customer is indicated on the order confirmation page of the customer account and via the order confirmation email. The sale price of the product is that in force on the day the order is placed.

The tourist offer appears in the “Tours and excursions” section of the https://www.yafohi-travel.com website and is deemed valid as long as it remains online.

The reservation of services offered on the Site implies the customer's prior acceptance of these general terms and conditions of sale.

The Vendor reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.

Thus, using the cursor in the search bar, the site's general conditions of use (CGU) provide users with sufficient information on the various techniques available for creating a customer account on the site.

The E-merchant declares that it will archive in its database, on a durable and reliable medium, all accepted and non-accepted offers from the site for the purposes of processing in fine as tools for sales statistics, marketing strategies, accounting and legal tools because of its evidential value in the event of disputes.

The E-merchant can consult the history of its own past transactions, to the exclusion of those of third parties, on its CUSTOMER ACCOUNT.

The e-customer declares that he has had the opportunity to check the details of his order and the total price to be paid in CFA francs, including VAT, on the YAFOHI TRAVEL website and to correct any material errors before confirming his willingness to accept the tourism offer. The customer reserves the right to cancel the order without prejudice in the event of withdrawal.

Once YAFOHI TRAVEL has received the order and corrected any errors, YAFOHI TRAVEL will send an e-mail to the customer confirming receipt of payment.

The expression of the will of the parties will be ensured by the content of the emails exchanged. This sequence of electronic messages will ensure a chain of traceability, the whole of which constitutes the firm agreement of the parties.

Payment is due immediately upon order/pre-order, including for products/services.

The E-Customer may pay by cash, electronic money card or bank transfer.

Secure online payment by credit card and electronic money is carried out by our payment service provider. The information transmitted is encrypted and cannot be read during transport over the network. Once payment has been initiated by the customer, the transaction is immediately debited once the information has been verified.

In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorizes the Vendor to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled and the order cancelled.

Such is the meeting of wills through an electronic exchange that constitutes an electronic contract. Ultimately, the electronic contract is therefore one of successive execution.

In accordance with the French Consumer Code, the products and services offered for sale through the present GTC comply with current regulations relating to the safety and health of persons, the fairness of commercial transactions and consumer protection.

YAFOHI TRAVEL undertakes to make available an attractive, reliable tourist offer that complies with the pollicitation appearing in the catalog on the site without hidden defects. The photos on the site are not part of the contractual field.

YAFOHI TRAVEL will refund or exchange defective products / services within 30 calendar days.

In accordance with the law relating to electronic transactions, any natural or legal person engaged in e-commerce is fully liable to the e-customer for the proper performance of the contract, whether these obligations are to be performed by the e-customer or by other persons or service providers, without prejudice to the various remedies that the e-commerce merchant may have in common with its other service providers.

YAFOHI TRAVEL cannot exonerate itself from liability by proving its absence of fault, as it is responsible for the failings of its partner service providers.

The customer may retract his offer within the time limits indicated in the “Cancellation conditions” chapter on the service description page.

The right of withdrawal is exercised by sending an e-mail to the address contact@yafohi-travel.com together with the receipt of payment.

YAFOHI TRAVEL will cancel the order and transfer all or part of the payment (according to the conditions indicated in the “Cancellation conditions” section on the service description page) at the E-Customer's expense, with shipping costs borne entirely by the E-Customer.

In accordance with the Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data, YAFOHI TRAVEL has implemented the processing of personal data for the purpose of selling and delivering the products and services defined in this contract.

On the following pages of the site (Privacy Policy and Legal Notice), the E-CLIENT is informed of the following elements

• The identity and contact details of the data controller and, where applicable, the data controller's representative
• The E-merchant, as indicated at the top of these GTS
• The contact details of the Data Protection Officer
• The recipients or categories of recipients of personal data, if any The data controller
• Its legal departments,
• The departments in charge of IT security,
• The department in charge of sales, delivery and orders,
• The data subject has the right to ask the data controller for access to his or her personal data, for rectification or erasure of such data or for a restriction of the processing relating to the data subject, or to object to the processing and the right to data portability.
• The data subject has the right to lodge a complaint with a supervisory authority, as well as the right to lodge a complaint with the personal data protection authority in Côte d'Ivoire [ARTCI].

The information requested at the time of order is necessary for the establishment of the invoice (legal obligation) and the delivery of the ordered goods without which the order could not be validated. No automated decision or profiling is implemented through the ordering process.

The Customer accepts that the personal data provided by him/her on the Site may be collected and used by YAFOHI TRAVEL, which collects the Customer's personal data, in particular surnames, first names, year of birth, e-mail addresses, telephone numbers, IP addresses, logs, etc., in accordance with the legal provisions in force.

The personal data collected is processed electronically. It is necessary for the proper administration of the Site, and for compliance with its contractual obligations.

YAFOHI TRAVEL is obliged to ensure that the customer's access to his or her account on the platform is not used for manifestly illicit activities or purposes, or in circumstances that reveal such a nature. Both for its services and for those of its partner service providers, in accordance with law N°2013-451 of June 19, 2023 relating to the fight against cybercrime.

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All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be subject to positive Ivorian law.

The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.

The Electronic Contract is automatically terminated upon completion of the service ordered by the E-Customer.

The order may be cancelled by the Customer by registered letter with acknowledgement of receipt in the following cases:

• Delivery of a product that does not conform to the characteristics of the order;
• Delivery beyond the deadline set when the order was placed or, failing this, within thirty days of payment;
• Unjustified price increase or modification of the product/service.
• In such cases, the purchaser may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of collection of the deposit.

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of YAFOHI TRAVEL. No transfer of intellectual property rights is made through these GTC.

Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.