General terms and conditions of sale
Article 1 – INTEGRALITY
1.1 These general terms express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation.
1.2 These general terms of sale apply to the exclusion of all other conditions, particularly those applicable to in-store sales or through other distribution and marketing channels. They are accessible on the OrizonsMarket.com website and will prevail, if necessary, over any other version or conflicting document.
1.3 The Seller and the Buyer agree that these general terms exclusively govern their relationship. The Seller reserves the right to periodically modify these general terms. They will be applicable as soon as they are posted online.
1.4 If a sales condition is lacking, it will be governed by the customs in force in the distance selling sector between companies based in Senegal.
Article 2 – CONTENT
2.1 These general terms of sale (hereinafter "general terms of sale") aim to define the conditions under which products are sold on the ORIZONS MARKET Platform, as well as the obligations of each party, namely Members, Sellers, professional Sellers, and Buyers.
2.2 They apply to products from other sellers on the ORIZONS MARKET platform, with ABDB SARL being a third party in the contractual relationship between these Sellers and Buyers. The Platform is an online exchange and sales space where Products, in accordance with these General Terms (and in particular ORIZONS MARKET's policy regarding authorized and prohibited products), can be offered for sale, sold, and purchased by Members, as long as their offer, sale, or acquisition is not contrary to current legal provisions and these General Terms.
2.3 The Member of the OrizonsMarket.com website declares having read these general terms of sale and accepted them prior to their immediate purchase or the placing of their order.
2.4 In the event of discrepancies between clauses:
In case of discrepancies between clauses of the general terms invoked by one or both parties, the incompatible clauses remain void.
In case of discrepancies between clauses of the general terms and the specific terms, the latter take precedence over the former.
Article 3 – PRE-CONTRACTUAL INFORMATION
3.1 The Buyer acknowledges having been provided, prior to placing their order and concluding the contract, with a readable and understandable manner, the present general terms of sale and all information outlined in Article 6.
3.2 The manufacturer or importer of movable goods must inform the professional Seller of the period during which or the date until which the spare parts essential for the use of the goods are available on the market. The Seller must relay this information to the Buyer in a readable manner before concluding the contract. It must be confirmed in writing at the time of the purchase of the goods.
3.3 The following information is clearly and understandably transmitted to the Buyer:
The essential characteristics of the good or service;
The price of the good or service;
All additional costs of transport, delivery, or postage, and any other potential costs;
3.4 The Seller communicates to the Buyer the following information:
Their name or business name, the geographical address of their establishment and, if different, the address of the head office, their phone number, and email address;
The payment, delivery, and contract execution terms, as well as the terms provided by the professional for handling complaints;
The duration of the contract, when it is concluded for a fixed term, or the conditions for its implementation in the case of an indefinite term contract.
3.5 The Seller indicates, concerning digital content, any interoperability of this content with certain hardware or software that the professional has or should reasonably be aware of.
Article 4 – MEMBER OBLIGATIONS
4.1 To access the Platform, the Member must first register and open an account on the Site.
4.2 Registration is only permitted for legal entities and individuals over 16 years old with the capacity to perform legal acts, provided that minors have obtained prior authorization from their legal representative.
4.3 The registration of a legal entity must only be undertaken by a physical person authorized to represent it, who must be named.
4.4 Any person registering as a Member on the Site agrees to provide accurate, complete, and up-to-date information and any other data (including personal) necessary to complete and maintain 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 promptly make any necessary changes to their information. Each Member will be solely responsible for any consequences resulting from providing false, invalid, or incorrect information to ORIZONS MARKET and/or another Member;
4.5 To register, the Member must choose a username (or pseudonym) and a password. The Member agrees not to register under a username that infringes on the rights of a third party. Specifically, the Member will not use a username that infringes on copyright, trademarks, trade names, or business signs of a third party. The Member is free to request a modification of their pseudonym at any time by sending a message to Customer Service on Orizonsmarket.com via the button provided in their menu.
4.6 The Member's registration on the Site allows them to create a unique account through which they can access the entire Platform. Each Member agrees to create and use only one account, except for specific stipulations for Sellers. Any exception to this rule must be explicitly requested by the Member and have an express and specific authorization from ORIZONSMARKET.
4.7 Each Member agrees to use the Site and provide Content on the Site in compliance with these General Terms and the applicable legislative and/or regulatory provisions. Each Member is solely responsible for their Content, with ORIZONS MARKET only playing a passive technical intermediary role in its publication and not controlling the Content before its publication. The Member is prohibited from providing Content and, more generally, from performing any act or behavior:
(i) that infringes on copyrights, patents, trademarks, designs, trade secrets, the right of disclosure, or the privacy of third parties;
(ii) that is defamatory, injurious, disparaging, or slanderous;
(iii) that is discriminatory or incites violence or racial, religious, or ethnic hatred;
(iv) that is obscene or pedophilic;
(v) that could be considered diversion, fraud, breach of trust, or any other criminal offense;
(vi) intended to obtain the transfer of sums of money without providing a Product in return that complies with these General Terms and is of equivalent value to the requested sums;
(vii) that could damage any computer system or covertly intercept any data or information;
(viii) that could hold ORIZONS MARKET liable or result in the loss of the benefit of all or part of the services of ORIZONS MARKET’s providers, including internet service providers, payment providers, and storage providers;
(ix) that could harm the reputation of ORIZONS MARKET or constitute acts of unfair or parasitic competition against ORIZONS MARKET, other Members, or third parties;
(x) that violates any applicable law or regulation and/or any contractual clause binding the Member;
(xx) By submitting Content through the Site, the Member grants ORIZONS MARKET (but without any obligation for ORIZONS MARKET) a non-exclusive, non-transferable, sublicensable, 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, press or financial release, presentation material, 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, promotion, marketing, communication, public relations, and for the needs of establishing partnerships or sponsors with ORIZONS MARKET’s partners. The Member acknowledges that any use of their Content by ORIZONS MARKET prior to their unregistration, account deletion, or termination of these General Terms cannot be contested by the Member.
ARTICLE 5 – SELLER'S OBLIGATIONS
5.1 To assist Sellers in selling their Products and developing their business, the Platform sets up a virtual store for the Seller through a unique account associated with a unique email address, username (or pseudonym), and password. Additionally, the Seller must offer the Buyer the option to pay by credit card to allow the Buyer to pay for all Products purchased across multiple virtual stores on the same Site in one single payment (single cart) and/or when the Buyer’s order is eligible for payment in three installments.
5.2 Each Seller agrees not to list and offer for sale on the Site any Products that:
(i) are explicitly unauthorized for sale by ORIZONS MARKET on the Site, particularly in the seller's charter;
(ii) are contrary to the laws and regulations in force, to public decency, or are not authorized under contractual provisions, including fraudulent Products (especially Products that constitute stolen goods or illegal imports), Products infringing on third-party rights, such as counterfeit Products under the provisions of the Intellectual Property Code, Products sold in violation of selective or exclusive distribution networks, or Products that are stolen and/or non-compliant with applicable safety and health regulations; ORIZONS MARKET draws the Seller's attention to the absolute necessity for the Seller to ensure that any Product marketed and sold on the Platform is strictly compliant with the laws, regulations, and other applicable requirements from its production or manufacture until its purchase by the Buyer. Consequently, the Seller agrees to implement the necessary means to achieve this legal and regulatory compliance obligation, particularly by carrying out self-inspections at all stages of marketing and providing justifications upon request from the competent authorities for the verifications and inspections carried out.
(iii) are not digital or physical and tangible items;
(iv) solicit donations, additional payments, or any other monetary actions;
(v) do not exactly correspond to a Product of the Seller that is effectively available for purchase or listed for sale on a Site;
(vi) the Seller does not possess and is not able to deliver, particularly within the time frame indicated in the online offer;
(vii) whose photos were not taken by the Seller or for which the Seller does not hold all rights. Only product photos taken by the Seller are authorized.
(viii) any products that promise skin lightening, body enlargement, sexual performance, romance, luck, mystic or spiritual benefits.
5.3 If ORIZONS MARKET discovers, following a Member's alert or on its own initiative, the listing of Prohibited Products on the Site, ORIZONS MARKET reserves the right to:
(i) remove the Prohibited Product or any Product contrary to these General Conditions from sale;
(ii) block, suspend, close, or delete the Seller's account;
(iii) provide the competent authorities with all required information regarding any offer of sale and/or purchase of a Prohibited Product on the Site, including Members' personal information if necessary, and/or cooperate with the competent authorities upon request.
5.4 Each Seller agrees to:
(i) provide complete and accurate characteristics and qualities for each Product offered for sale on the Platform, including the manufacturing time, Product price (including all applicable taxes, customs duties if applicable), delivery time, and shipping and customs fees, in accordance with applicable regulations;
(ii) carry out all necessary verifications for the Product’s manufacture and provide all necessary information in the sale offer for each Product so that the offer is truthful and does not mislead the Buyer. Each Seller is solely responsible for providing all elements of the Product sale offer, including the description, photos, sale price, and delivery costs and timeframes;
(iii) list the Product in the appropriate category, with the Seller being solely responsible for selecting the category in which the Product is listed. This listing cannot be interpreted as a guarantee from ORIZONS MARKET regarding the origin, legal compliance, or authenticity of the Product. However, ORIZONS MARKET may moderate, block, or remove a Product that is not in the correct category or does not meet the obligations incumbent upon Sellers under these conditions.
5.5 Each Seller is solely responsible for any Product they list on the Platform, as well as for complying with all applicable laws and regulations governing the manufacture and sale of these Products. They will be solely liable (notably to a Buyer, but also to ORIZONS MARKET) for any damage caused by their Products or, more generally, for any consequences related to the offer and sale of their Products. ORIZONS MARKET 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 goods, or leather imitations, etc. ORIZONS MARKET cannot, in any way, be held responsible for the listing of a Product by the Seller that does not comply with the laws and regulations in force.
5.6 The Seller agrees to indemnify ORIZONS MARKET in the event of a complaint, action, or claim by a third party against ORIZONS MARKET related to the non-compliance of a Product with applicable regulations and to compensate ORIZONS MARKET for all consequences related to the non-compliance of its Products with applicable laws and regulations. Consequently, the Seller agrees to directly bear the cost of all amounts, including any potential damages, legal fees, attorney fees, and other amounts that would be owed in this regard (or to reimburse ORIZONS MARKET upon first request).
5.7 The Seller agrees to keep the Buyer’s information confidential and not to disclose it. The Seller also agrees to use the Buyer’s contact details and other data only for the purpose of fulfilling the order and the associated legal obligations. Notably, the Seller agrees not to offer the Buyer products available outside the Platform and not to use the Buyer's personal data for purposes other than fulfilling the order placed on ORIZONS MARKET's Site.
5.8 Each Seller guarantees that they hold all the necessary rights to sell any Product they offer for sale on the Platform and guarantees ORIZONS MARKET against any claim related to the content of a Product sale offer and/or the execution of the sale.
5.9 In the event of a dispute between Sellers due to the Content published by one of them (e.g., in case of theft, plagiarism, counterfeiting, or alleged unfair competition by one of the Sellers), it is the responsibility of the Sellers to contact each other and resolve their dispute among themselves. ORIZONS MARKET is not required to intervene, even if ORIZONS MARKET reserves the right to sanction one or more of the parties involved on the Platform. ORIZONS MARKET, therefore, reserves the right not to follow up on a Seller's claim in this case, without incurring any liability in this regard. Any potential intervention by ORIZONS MARKET does not substitute for the Seller consulting a lawyer if necessary.
5.10 The Seller who is absent for more than 48 business hours agrees to put their virtual store on hold by activating the hold feature provided by ORIZONS MARKET on the Platform. ORIZONS MARKET also provides the Seller with an option for automatically reactivating Product listings.
5.11 The Seller whose behavior (on or off the Platform) may harm the image and/or reputation of ORIZONS MARKET or the Platform may see their behavior sanctioned by ORIZONS MARKET in accordance with Article 5 of these General Conditions, particularly in the case of repeated negative evaluations or consecutive disputes with one or more Buyers.
5.13 Professional Seller Case:
The Seller acting in a professional capacity must indicate this on the Platform and provide their registration number in the Trade and Movable Credit Register (RCCM) and any other information required by ORIZONS MARKET to identify them as a professional Seller.
5.14 Each Seller is responsible for determining whether they are acting in a professional capacity or not, seeking, if necessary and at their own expense, the legal assistance required to determine their status and carry out all appropriate formalities in this regard. ORIZONS MARKET also reminds the Seller acting in a professional capacity of their obligation to comply with all rules and obligations incumbent upon them as a professional, under applicable law, including but not limited to consumer law (clarity of the offer made to the consumer, consumer information, product availability, delivery conditions, consumer withdrawal rights, invoicing and distance selling, warranties, etc.), company law, labor law, tax law, and legislation on unfair, misleading, or aggressive commercial practices, and on sales regulations, which the Seller affirms they fully understand.
5.15 The Seller acting in a professional capacity is subject to all the obligations of a Seller and guarantees ORIZONS MARKET that they will comply with all their obligations as a professional and will indemnify ORIZONS MARKET for all consequences related to the Seller's failure to fulfill any of their obligations as a professional Seller. Consequently, the professional Seller agrees to directly bear the cost of all amounts, including any potential damages, legal fees, attorney fees, and other amounts that would be owed in this regard.
5.16 The Seller agrees to comply with all sales conditions and practices in force in their country as well as in the Buyer's country, particularly regarding exchanges, refunds, and the coverage of return and invoicing costs.
5.17 As a member of the ORIZONS MARKET marketplace, the Seller agrees to comply with all tax obligations applicable to them as a marketplace Seller, regardless of the nature of the sales made and their amount.
5.18 Each Seller is required to indicate whether they are a professional or a private individual when registering on the Site and to modify this indication if necessary (transition from an individual to a professional). In particular, the Seller acting in a professional capacity agrees to specify, in their product offers, that they are a professional and to include their company name, full address, as well as their telephone number and email address.
5.19 In case of a complaint or dispute with a Buyer, each Seller agrees to make their best efforts to resolve the situation amicably with the Buyer.
5.20 The sales conditions set up by the Seller cannot be contrary to these General Conditions and only apply in the event that the specific situation does not correspond to the rules stated here or in the Seller's Charter.
5.21 In case of conflict or discrepancy between the sales conditions of a shop and those of the Platform, the Seller agrees to always comply with these Conditions and to align their own within 7 days, under penalty of having their shop blocked or deleted.
ARTICLE 6 – BUYER’S OBLIGATIONS
6.1 The Buyer may only create one account on the Platform. Opening an account on the Site allows the Buyer to access the Platform and purchase Products on the Site through the same account.
6.2 The Buyer agrees to comply with all laws and regulations relating to the acquisition of goods of any kind.
6.3 After selecting their Product(s), the Buyer must review the details of their order, its price, and provide any necessary payment information depending on the payment method chosen. The confirmation of their order by the seller will automatically be deemed accepted by the Buyer.
6.4 Once the Buyer has placed an order for Products on the Platform, the Buyer agrees that their first and last name, as well as their delivery address, country, and city, will be shared with the Seller and potentially all visitors to the site. The Buyer is also responsible for verifying the address provided and cannot hold the Seller or Orizons Market responsible in case of an error in the address provided.
6.5 Orders placed by the Buyer are independent of each other. If one or more orders have not been accepted by the relevant Seller(s), the other orders placed by the Buyer remain valid and binding on the Buyer. Consequently, the unavailability of one or more Products ordered from one or more Sellers on the Platform does not justify cancellation of the entire order, as the Buyer is still obligated to fulfill the order for the other available Products.
6.6 Upon receiving the ordered Products, the Buyer must confirm their receipt. If the ordered Products are not received, the Buyer must file a complaint with the Seller. If, within 30 days from the date of shipment of an order, no confirmation or complaint has been received by the Seller, the transaction will be considered complete between the Seller and the Buyer. The Buyer is responsible for reviewing the entire product description, sales conditions, and delivery conditions before making a purchase. The Buyer cannot withdraw from the purchase for this reason or hold the Seller or ORIZONS MARKET responsible for any confusion, omission, or inattention on their part.
ARTICLE 7 – THE ORDER
7.1 When opening the web page or mobile application, a pop-up requests the client's permission for geolocation to display only products available in the client's country of residence. The platform also allows the selection of countries where a specific item will be available.
7.2 The Buyer, who acknowledges having the legal capacity to contract, must first create an account on the Orizonsmarket platform.
7.3 After this step, they add the desired product and quantity to the cart.
7.4 The products are offered within the limits of available stock.
7.5 Product photographs reflect reality as accurately as possible, without engaging the seller.
7.6 The Buyer must provide the delivery address, and depending on the address provided:
If based in Senegal, delivery is made by the company PAPS;
If based abroad, delivery is made by the company DHL.
7.7 The Buyer must also choose the payment method they wish to use from those offered on the OrizonsMarket.com site:
Paytech Payeur (PAYTECH, quick and secure payment).
7.8 If the Buyer has a valid discount code, they can apply it when choosing the payment method. To validate the order, the Buyer must accept, by checking the "ACCEPT" and "CONFIRM" boxes, these general conditions, which signify prior knowledge and full approval without reservation. Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of an exchange or the guarantees mentioned below. In certain cases, particularly non-payment, incorrect address, or any other issue with the Buyer's account, the seller reserves the right to block the order until the issue is resolved. Cancellation of the order for this product and its possible refund will then be processed, with the remainder of the order remaining firm and final. The order is confirmed by the seller through a confirmation email sent to the Buyer. The price of the products is displayed inclusive of all taxes (TTC), excluding shipping or import-related fees, and delivery charges.
ARTICLE 8 – ELECTRONIC SIGNATURE
8.1 The online provision of the Buyer's credit card number and final validation of the order will serve as proof of the Buyer's agreement, particularly regarding the due amounts for the purchase order and the express acceptance of all transactions carried out.
ARTICLE 9 – PROOF OF TRANSACTION
9.1 Computerized records, stored in the Seller's information systems under reasonable security conditions, will be considered proof of communication, orders, and payments made between the parties.
9.2 The archiving of purchase orders and invoices is done on a reliable and durable medium that can be produced as evidence.
ARTICLE 10 – PRODUCT INFORMATION
10.1 "Product" refers to a product or service offered for sale on the Platform by a Seller. The Product must comply with these General Conditions and, in particular, must not constitute a Prohibited Product.
10.2 The products governed by these general conditions are those listed on the Seller's website and indicated as sold and shipped by the Seller. They are offered within the limits of available stocks.
10.3 The products are described and presented as accurately as possible. However, if errors or omissions occur in this presentation, the Seller's liability cannot be engaged.
10.4 Product photographs are non-contractual.
ARTICLE 11 – PRICE
11.1 The seller reserves the right to modify its prices at any time but agrees to apply the prices in effect at the time of the order, subject to availability on that date.
11.2 Prices are indicated in euros and CFA francs (XOF) and do not include shipping costs, which are charged additionally and indicated before the order is validated. However, prices include the applicable VAT on the day of the order, and any changes in the applicable VAT rate will automatically be reflected in the price of the products in the online store.
11.3 The price and the applicable value-added tax (VAT) for a sale are those in effect at the time of the order.
11.4 If one or more taxes or contributions, particularly environmental ones, are created or modified, either up or down, this change may be reflected in the sale price of the products.
ARTICLE 12 – PAYMENT METHODS
12.1 The buyer pays the price of the products ordered through the payment methods available on the Orizonsmarket platform.
12.2 The price and applicable VAT for a sale are those in effect at the time of the order.
12.3 The sale is considered concluded upon payment of the products.
12.4 This is an order with a payment obligation, meaning that placing the order implies payment by the buyer.
12.5 For payment of their order, the buyer has various online payment methods available, listed and provided by the Orizonsmarket website.
12.6 The buyer guarantees to the seller that they have the necessary authorizations to use the chosen payment method when validating the order.
12.7 The seller reserves the right to suspend any order processing and delivery in case of refusal of payment authorization by officially accredited organizations or in case of non-payment. The seller particularly reserves the right to refuse to make a delivery or honor an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is ongoing.
12.8 The seller has implemented a verification procedure for orders to ensure that no one is using another person’s bank details without their knowledge.
12.9 As part of this verification, the buyer may be asked to send the seller a copy of an ID and proof of address. The order will only be validated after receipt and verification by the seller of the submitted documents.
12.10 Payments made by the buyer will only be considered final after the actual receipt of the amounts due by the seller.
ARTICLE 13 – PRODUCT AVAILABILITY – PRODUCT UNAVAILABILITY AND REFUND – TERMINATION OF SALE
Availability of Products
13.1 Except in cases of force majeure or during periods of closure of the online store (Marketplace) which will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stock, as indicated below. Shipping times start from the date of registration of the order as shown on the order confirmation email.
13.2 For deliveries in Senegal, the delivery time is FIVE (5) working days from the day following the day the buyer placed their order. For deliveries outside Senegal, the indicative time is mentioned when the order is confirmed by the transport company and depends on the delivery location.
13.3 In case of non-compliance with the agreed delivery date or time, the buyer must, before terminating the contract, request the seller to execute it within a reasonable additional period.
13.4 If execution does not occur by the end of this new period, the buyer may freely terminate the contract.
13.5 The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by a written communication on another durable medium.
13.6 The contract will be considered terminated upon receipt by the seller of the letter or written communication informing them of this termination, unless the seller performs in the meantime.
Product Unavailability and Refund
13.7 In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer may then choose either a refund of the amounts paid within 30 days of payment at the latest or an exchange of the product.
Termination of Sale
13.8 ADBD SARL and the user may terminate the sale of a product for breach by one of the parties of its obligations.
ARTICLE 13 BIS – DISPUTE – MODIFICATION – WITHDRAWAL
Dispute
13.9 The buyer agrees to dispute any sale that does not conform to their order within 48 hours of receiving the products.
13.10 This dispute can be made either by calling 0000000000 or by sending an email to reclamations@orizonmarket.com.
13.11 The response from ADBD SARL is notified to the buyer in the same manner.
13.12 In case of a justified dispute, ADBD SARL will replace or exchange the products within 30 days, except in cases of legal exceptions.
13.13 The cost of returning the products is borne by the Seller, which the Seller expressly accepts.
Modification
13.14 ADBD SARL reserves the right to modify these general terms and conditions of sale at any time, particularly in case of legislative or regulatory changes.
13.15 The general terms and conditions of sale applicable to an order are those in effect at the time of the order.
Withdrawal
13.16 The buyer is required to take delivery of the products at the place where the delivery is to be made and to perform all acts necessary to allow the seller to fulfill their obligation.
13.17 Any reservations regarding the delivered products must be mentioned as part of a claim as provided for in Article 13 above.
ARTICLE 14 – DELIVERY TERMS
14.1 The buyer must indicate the delivery address:
If based in Senegal, delivery is handled by the PAPS company.
If based abroad, delivery is handled by the DHL company.
14.2 ADBD SARL proceeds with the delivery of products as soon as possible, taking into account transportation conditions for products destined for other countries, starting from the payment of these products.
14.3 Delivery is handled by the carriers designated by the seller. The products are delivered to the location specified by the buyer.
14.4 The buyer is required to check the contents of the package in the presence of the delivery person as well as the condition of the products.
14.5 The signature on the delivery receipt by the buyer confirms the effectiveness of the delivery.
14.6 The products are delivered to the address indicated by the buyer on the order form, and the buyer must ensure its accuracy. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense.
14.7 The buyer may, upon request, obtain the invoice sent to the billing address rather than the delivery address by selecting the relevant option on the order form.
14.8 If the buyer is absent on the day of delivery, the delivery person will leave a notice of attempted delivery in the mailbox, allowing the package to be collected at the specified location and within the indicated timeframe.
14.9 If, at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused due to being opened or damaged).
14.10 The buyer must indicate on the delivery receipt and in the form of handwritten reservations, accompanied by their signature, any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
14.11 This verification is considered complete once the buyer, or a person authorized by them, has signed the delivery receipt.
14.12 The buyer must then confirm these reservations to the carrier by registered letter no later than two working days after receiving the items and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices on the site.
14.13 If the products need to be returned to the seller, a return request must be made to the seller within 7 days following delivery.
14.14 Any claim made beyond this period will not be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, manual, etc.).
ARTICLE 15 – DELIVERY ERRORS OR EXCHANGE
15.1 The buyer must notify the seller on the day of delivery or at the latest on the first working day following delivery of any claim for a delivery error and/or non-compliance of the products in nature with the indications on the order form.
15.2 Any claim made after this deadline will be rejected.
15.3 The claim may be made, at the buyer’s choice: {Email address: reclamations@orizonmarket.com}
15.4 Any request not made according to the rules defined above and within the given timeframes will not be considered, and the seller will be released from all liability towards the buyer.
15.5 Upon receipt of the request, the seller will assign an exchange number for the product(s) concerned and communicate it by email to the buyer.
15.6 The exchange of a product can only occur after the assignment of an exchange number.
15.7 In case of a delivery error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by DHL to the address provided by the seller and listed in the order summary. Return costs are borne by the seller.
ARTICLE 16 – TRANSFER OF RISKS
16.1 Ownership of the sold item is transferred to the buyer as soon as the parties agree on the item and the price. Consequently, the transfer of ownership of the products and the related risks of loss and deterioration is carried out at the buyer’s expense, upon acceptance of the order form by the seller.
ARTICLE 16 BIS – DISPUTE RESOLUTION
16.2 Disputes arising from these general terms and conditions of sale are resolved amicably.
16.3 Failing that, they are submitted to the arbitration of the Center for Arbitration, Mediation, and Conciliation of Dakar, and in case of failure, to the competent courts within the jurisdiction of the Court of Appeal of Dakar.
ARTICLE 17 – PRODUCT WARRANTY
17.1 Buyers benefit from warranties against hidden defects, eviction, and all disturbances of enjoyment by the sellers.
ARTICLE 18 – LEGAL WARRANTY OF CONFORMITY AND LEGAL WARRANTY AGAINST HIDDEN DEFECTS
18.1 The legal warranty of conformity applies independently of the commercial warranty mentioned below.
ARTICLE 18 BIS – COMMERCIAL WARRANTY
18.2 The products sold are also covered by a commercial warranty aimed at ensuring their conformity and providing for a refund of the purchase price, replacement, or repair of the goods.
18.3 The commercial warranty is optional and purely contractual.
18.4 It does not cover defects caused by abnormal or improper use or resulting from a cause unrelated to the intrinsic qualities of the products.
ARTICLE 19 – COMPLAINTS AND TERMINATION
Complaints
19.1 Complaints and refund requests made by the Buyer must be addressed to the Seller within a maximum of thirty (30) days after purchase. Complaints and disputes will be handled directly between the Buyer and the Seller. The transaction is considered closed when the Buyer confirms receipt of the order through their account or when 30 calendar days have passed since the purchase without any dispute being reported to ORIZONS MARKET. Ultimately, in the event of an absence (or more than 48 hours without) of response or solution from the Seller, ORIZONS should be informed to find a solution as much as possible.
Termination
19.2 These General Conditions are concluded for an indefinite period and can be terminated at any time by ORIZONS MARKET without any particular reason, via email or through the Platform. Any termination will take effect at the end of the month following the one in which the notification was sent. Without excluding other remedies, ORIZONS MARKET reserves the right to issue a warning, temporarily or permanently suspend a Seller’s registration, immediately terminate it, and cease providing services in the following cases:
(i) In case of violation of these General Conditions or documents incorporated by reference;
(ii) If ORIZONS MARKET is unable to verify or authenticate the information provided, and the Seller or Buyer does not respond to its verification and/or authentication requests;
(iii) If the Seller's actions could potentially harm the responsibility and/or image/reputation of ORIZONS MARKET.
ARTICLE 20 – FORCE MAJEURE
20.1 All circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions are considered causes for exemption from the parties' obligations and result in their suspension.
20.2 The party invoking the above circumstances must immediately notify the other party of their occurrence as well as their disappearance.
20.3 Circumstances considered as force majeure include all irresistible, external, unforeseeable, inevitable events beyond the parties' control that could not be prevented despite all reasonable efforts.
20.4 Specifically, the following are considered force majeure or fortuitous events, in addition to those usually recognized by the competent Senegalese courts:
Blocking of transportation or supply means,
Earthquakes,
Fires,
Storms,
Floods,
Lightning,
Interruption of telecommunications networks or difficulties specific to external telecommunications networks for clients.
20.5 The parties will work together to assess the impact of the event and agree on the conditions under which the contract will continue.
20.6 If the force majeure event lasts more than three months, these general conditions may be terminated by the affected party.