Simpla – Terms of use

 

  1. Whereas

The mobile group purchasing application Simpla and the online site hbntrade.com designed for the management thereof constitute services managed by the company under German law Youpi24 GmbH (hereinafter simply “Youpi24”), the registered office of which is located at 66 Gustav-Heinemann-Ring, 81739 Munich, Germany. In the following, both services will be called “Simpla Platform” or simply “Platform”. HBN Distribution, based in Douala, Cameroon, holds a license to operate this platform, and as such is responsible to customers using the platform through it.

Simpla Platform enables linking a network of managers, directors and distributors (hereafter the “Administrators”) with customers or buyers (hereinafter “Buyers”) of commercial products (hereinafter the “Products”). Administrators and Buyers shall be hereinafter jointly referred to as Members. The Simpla Platform enables the conclusion of sales contracts of Products between the company HBN Distribution and the Buyers.

This document describes what is deemed to be an acceptable use of the Platform and its associated infrastructure, servers and services. Furthermore, it covers our content planning policy, and what we are entitled to expect regarding performance and availability. The use of this Platform shall be construed as acceptance of these Terms of Use and of our Privacy Policy.

  1. Access

The group purchasing application Simpla is designed for use on any smartphone or tablet featuring the Android system. To access the Platform content, each Member shall be duly registered and confirmed by an Administrator. To become a full Member, any registered user may request activation from a suitable Administrator. The application and site management server, as well as its associated files are not intended for access via any automated means including scripts, bots, or other automated applications.

Be aware that if you use an automated means to access or download the contents of this Platform, whether in whole or in part, your access to the server may be temporarily or permanently removed.

  1. Sales process

(1) The Buyer acknowledges that his acceptance of the offer is made in consideration of the description of the Product under Sale, and that he is firmly committed to contract with Youpi24 as per the terms of the offer. However, the Sale contract is concluded under the resolutory condition that the ordered Product is indeed available. The confirmation of Product availability by HBN Distribution entails the lifting of said resolutory condition. If the Product becomes unavailable, the Sale contract concluded between the Buyer and HBN Distribution is automatically and immediately resolved, and any party obligations are revoked as of right. It should be noted that, in the case of a Sale contract for several Products, only the Sale contract for the unavailable Product shall be resolved.

(2) Purchases made on the Simpla Platform arise as part of regular sales campaigns launched to attract Buyers. All Product collections placed by the Buyer in his shopping cart must be validated by the Platform for the buying process to proceed. If the shopping cart is invalid (that is to say, the Product collections therein have not been validated), the purchasing process is interrupted, and the user receives an alert message prompting him to amend his order. On the Platform, the purchase process ends with the full payment of the order invoice.

(3) The delivery of the ordered Products, which closes the Sales process on the Platform, is performed by our partners, which are located in respective Buyer’s destination. After delivery, the Platform updates the order status with an accurate indication of all delivered Products.

The Buyer can track the status of his order on the Platform from supplier collection to delivery including Product shipping to its final destination.

 

  1. Billing and payment methods

(1) The price for each Product offered as part of a campaign represents its purchase price excluding any possible financial transaction costs such as Mobile Money charges, for example.

(2) The final price of each order includes shipping and customs.

(3) For each order, the customer receives a detailed invoice indicating the Products ordered together with their respective prices.

(4) Each Platform Member is assigned a customer account, which he may credit via recharge through its authorized Simpla distributor, or by wiring funds. Please note that recharging an account via wire transfer can take several days, given the usual duration of bank transfers.

(5) For any order payment, the Buyer currently has the option to settle his orders via his customer account (HBN Wallet).

If the Buyer chooses to pay via his customer account, the Platform debits this account by an amount corresponding to the final order price. If the Buyer’s customer account is not sufficiently covered, payment is not made. In all cases, the Buyer must pay his order in full to trigger the delivery process. If the order is not paid in full, it remains in the Buyer’s shopping cart, and the customer account remains unchanged.

 

  1. Rights and obligations of Members

(1) By registering on the Simpla Platform, the Member avails of a user account associated with a unique identifier and a strictly personal access code under his name, which he agrees to keep confidential. The registered Member is only allowed to use the Simpla Platform using the identifier and the personal access code. The Member agrees not to allow any other person to access the Simpla Platform under his identity or using his identifier. If the Member becomes aware of an unauthorized access by another person, he shall inform Simpla without delay and confirm this information by email. To ensure this communication is properly considered, the Member must use, in this case and in any other communication with Simpla, the same email address used for his Simpla account.

(2) The Member agrees to provide accurate information about his identity, contact information, as well as other data required to access the Simpla Platform, updating the same as required.

(3) The Buyer agrees to comply with all laws and regulations relating to the acquisition of assets of any kind. The unavailability of one or more Products ordered on the Simpla Platform shall not be construed as renunciation to all ordered Products; the Buyer remains bound to acquire the remaining available Products by his prior offer acceptance.

(4) Upon receipt of the ordered Products, the Buyer must confirm his order acceptance to the distributor. The distributor shall inform the Platform immediately after delivery, using the Buyer’s identification code. The Buyer must assess conformity in an objective and honest fashion, avoiding any element that may be construed as insult or defamation.

(5) If a Buyer objectively rejects the conformity of Products delivered for a given order, he is entitled to request a repair to the local representative of Simpla. If the local representative of Simpla confirms the objectivity of the Buyer’s claims, non-conforming products are returned to the local representation of Simpla, and the Buyer’s customer account is credited for an amount equivalent to the price of said Products.

(6) If an order fails to be delivered, the Buyer agrees to wait for a two-week period after notification of arrival of the order to the local representation of Simpla, before filing with HBN Distribution a non-delivery claim, whether total or partial, of the ordered Products. This claim can be submitted via email and under indication of the customer identification code and order number. If the claim is substantiated by HBN Distribution, the Buyer´s customer account is credited for an amount equivalent to the price of such Products.

 

  1. Rights and Obligations of HBN Distribution

 (1) HBN Distribution is responsible for the proper delivery to the Buyer of the Products ordered. Products travel at the risk and expense of HBN Distribution.

(2) HBN Distribution agrees to describe the Product offered for sale according to strict criteria. The Product description must correspond to its actual features. The Product description will include at least the following: Product name, essential product features, purchase price and, if applicable, Product Code.

(3) HBN Distribution is required to verify Product availability before finalizing any purchase process. HBN Distribution is also committed to maintain its current availability.

(4) Save fault on its part, HBN Distribution cannot be held liable for damage sustained by a Member including operating or data losses. HBN Distribution cannot be held responsible for any malfunction, breakdown, delay or interruption of access to the Internet.

(5) HBN Distribution may be required, in exceptional cases and in order to fight against potential fraud, to validate the Buyer’s identity. In case of late submission or failure to communicate the information required by HBN Distribution as part of the identity validation process, HBN Distribution may delay or cancel the execution of the Buyer’s transaction.

HBN Distribution will treat these data as confidential information.

 

  1. Guarantees and Responsibilities

(1) Platform operators endeavor to the best of their ability to maintain the availability and performance of their associated servers and services. However, availability and accessibility cannot be guaranteed. The Simpla application can become partially inaccessible at times due to scheduled or emergency maintenance, functional updates, bug fixing, server migration, hardware upgrades and failures, or simply to prevent piracy and unauthorized use or operation of the server and its resources.

(2) The Platform, its owners, employees, contractors and partners can not be held legally or financially responsible for any loss, damage or injury suffered as a result of the use or download of the Simpla application, its related products, content, services or related infrastructure.

  1. General Provisions

(1) HBN Distribution reserves the right, at its sole discretion, to amend or replace these terms at any time. If a revision is substantial, HBN Distribution will endeavor to provide at least 30 days notice before the amended terms come into effect. HBN Distribution reserves the right to determine what is deemed to be a substantial change.

The continued use of or access to the Simpla application after these changes have come into effect shall be construed as acceptance of the amended terms. Should you choose not to accept the amended terms, you must cease any use of the application or request deactivation of your account as provided in subsection (2) of this section.

(2) Once a Member has been registered, he is deemed to be bound to HBN Distribution by a permanent contract started on the account activation date by an Administrator. The contract can be terminated at any time by the Member or HBN Distribution without cause and upon email notification.

The user account of the Member is deactivated from the time the contract termination comes into effect.

(3) HBN Distribution reserves the right to suspend any Member engaging in fraudulent activity on or in connection with the Platform. Any suspension entails the automatic deactivation of the Member’s account.

(4) The Member will connect to the Simpla Platform through his own telecommunications equipment. HBN Distribution does not provide Members with any material resources, telephone installation, terminal or other equipment, software or subscription.

(5) Like most applications connected to a back-end server, Simpla records information on access and use of its web software and database among others. This information may include your Internet Protocol (IP), which in many cases may allow inferring a certain affiliation (e.g., your work, school, or ISP), or a geographic location. HBN Distribution uses this information for debugging purposes and aggregation of anonymous usage and traffic statistics.

(6) The invalidity of one or more provisions of these Terms of Use shall not invalidate the remaining Terms of Use.

(7) For information regarding these terms, or for any query or any other matter relevant to the Simpla Platform, please contact us at service@simpla.app