Terms and conditions of sale

GROUPE MARIFALA SAU · FURNITURE & DECORATION

Furniture · Manufacture & Showroom · Conakry, Guinea

Preamble

These Terms and Conditions of Sale (hereinafter "T&Cs") define the conditions under which MARIFALA SAU (hereinafter "the Seller") markets and delivers its furniture to any buyer, whether a private individual or a professional (hereinafter "the Buyer"). Any order implies unreserved acceptance of these T&Cs, drawn up in accordance with Guinean law and the applicable OHADA Uniform Acts.

Identification of the Seller

01 — Purpose of the terms and conditions of sale

The purpose of these T&Cs is to define the rights and obligations of the Seller and the Buyer in the context of the sale of furniture by MARIFALA SAU. They apply to the exclusion of any other document, unless expressly agreed in writing by both parties. Any departure shall be valid only if recorded in writing by the Seller.

02 — Order and designation of goods

2.1 Placing the order

Every order is formalised by the signing of the purchase order or this contract, together with the payment of the agreed deposit. The order is only definitively accepted after written confirmation by the Seller.

2.2 Technical description sheet

Each order is supported by a description sheet specifying: the exact designation, dimensions, materials, colours, finishes, quantities, and unit prices of each item. This sheet, co-signed by the parties, forms an integral part of the contract and is annexed to it.

2.3 Order modification

Any modification after signing is subject to the Seller's written agreement and may result in a price and/or lead-time adjustment. It is recorded in an amendment signed by both parties.

03 — Price · Invoicing · Payment

3.1 Price

Prices are expressed in Guinean Francs (GNF), all taxes included, including Value Added Tax (VAT) at the rate of 18% in accordance with the General Tax Code of the Republic of Guinea. Goods are invoiced at the price in force on the day of the order.

3.2 Payment methods

Accepted payment methods: cash · bank transfer (BCI · BICIGUI · ECOBANK · SGBG) · certified cheque · mobile money (Orange Money · MTN MoMo · Cellcom). Payment by cheque is only definitive after effective collection.

3.3 Late-payment penalties

In the event of late payment, penalties are due by operation of law, without prior formal notice, at the Guinean legal rate in force, calculated on the outstanding balance from the day after the agreed due date.

04 — Delivery · Inspection · Transfer of risk

4.1 Collection in store

Unless otherwise agreed, the Buyer collects the goods at the Galerie Marifala (Bambeto, Conakry) within forty-eight (48) hours of the notice of availability and full payment of the price.

4.2 Home delivery

Subject to prior agreement, the Seller may arrange delivery under the conditions agreed in the purchase order. A delivery note signed by the Buyer or their representative constitutes proof of effective delivery.

4.3 Inspection and reservations

The Buyer is required to check the condition of the goods on receipt. Any reservation must be noted immediately on the delivery note and signed by both parties. In the absence of any reservation, the goods are deemed to have been accepted as compliant.

4.4 Transfer of ownership and risk

Ownership of and the risks attaching to the goods are transferred to the Buyer from their effective receipt. The Buyer then assumes full responsibility for their safekeeping.

05 — Warranty

5.1 Scope and duration

The Seller warrants the goods against any manufacturing defect and hidden defect not apparent on delivery, for twelve (12) months from the date of handover. The warranty is exercised by repair or replacement of the defective part, at the Seller's sole discretion.

5.2 Exclusions

• Normal wear of materials, coverings, and mechanisms;

• Damage related to abnormal use or a lack of maintenance by the Buyer;

• Damage caused by moisture, excessive heat, impacts, or external causes;

• Modifications or repairs carried out without the Seller's agreement.

5.3 Implementing the warranty

The Buyer sends their claim in writing (email or WhatsApp) to the Customer Relations Department within the warranty period, specifying the contract reference number and the nature of the defect.

Customer Relations Department · (+224) 613 000 800 · contact@groupemarifala.com

5.4 No refund

The warranty does not give rise to any refund of the price. By signing this contract, the Buyer expressly waives any claim for rescission of the sale or for a price reduction for hidden defects, within the limits permitted by Guinean law.

06 — Withdrawal and cancellation

For furniture made to measure or customised, no withdrawal may be exercised after signing and payment of the deposit. For items in stock, any cancellation request must be made in writing within forty-eight (48) hours and remains subject to the Seller's discretion.

07 — Claims

Any claim concerning the visible conformity of the delivered goods must be made in writing within seven (7) calendar days following delivery or collection. After this period, the goods are deemed definitively accepted. The Seller acknowledges receipt of any claim within forty-eight (48) working hours.

Claims falling under the manufacturing warranty are handled in accordance with the terms of Article 5.

08 — Intellectual property

All fit-out projects, catalogues, plans, models, and technical documents developed by MARIFALA SAU remain its exclusive intellectual property, in accordance with Guinean law L/2013/058/CNT of 7 November 2013. Any reproduction or exploitation without prior written authorisation exposes its author to legal proceedings.

09 — Protection of personal data

The Buyer's personal data is processed by MARIFALA SAU solely for the purposes of performing the contract and managing the customer relationship. It is not transferred to third parties without prior consent. The Buyer has a right of access, rectification, and objection by contacting the Seller in writing.

10 — Dispute resolution

In the event of a dispute, the parties undertake to seek an amicable solution within thirty (30) days before any legal action. They may resort to mediation through the Guinea Arbitration, Mediation and Conciliation Centre (CAMECO). Failing agreement, the dispute shall be brought before the competent courts of Conakry, the only applicable law being the law of the Republic of Guinea and the OHADA Uniform Acts.

11 — Final provisions

These T&Cs cancel and replace any prior agreement between the parties on the same subject. The nullity of one clause does not affect the validity of the others. Any amendment must be made in writing and signed by both parties. Failure to invoke a clause does not constitute a waiver.

MARIFALA SAU — Galerie Marifala · Bambeto · Conakry · Tel. (+224) 613 000 800 · contact@groupemarifala.comT&Cs — MARIFALA SAU · Ref. CGV/2024