1. Purpose
These General Terms and Conditions of Use and Sale (hereinafter the "Conditions") are intended to define the terms and conditions under which users access and use the KòmandeL digital platform (hereinafter the "Platform"), as well as the respective rights and obligations of the parties within the framework of the services offered.
KòmandeL is a digital platform for connecting businesses and logistics services, enabling, among other things:
• enabling sellers to offer and market their products to a diverse clientele;
• enabling buyers to access a diverse range of products, place orders online and benefit from delivery services;
• to ensure, where necessary, the management and optimization of logistics operations, in particular through a network of relay points and micro-hubs facilitating the storage, distribution and delivery of orders.
These Terms aim to govern the use of the Platform, to secure transactions carried out through it and to guarantee a trustworthy environment for all users.
Any use of the Platform, including creating an account, browsing, placing an order, or using any service offered, implies full and unreserved acceptance of these Terms and Conditions by the user. The user acknowledges having read them prior to use and agrees to abide by them.
If you disagree with all or part of these Terms, please do not access the Platform or use the services offered therein.
2. Definitions
For the purposes of these Terms and Conditions, the following terms and expressions, whether used in the singular or plural, shall have the following meanings:
• "Platform" or "Command": refers to the digital platform accessible in particular via website or mobile application, enabling the connection between Buyers and Sellers, as well as the provision of associated logistics services.
• " User ": refers to any natural or legal person accessing the Platform, whether Buyer, Seller or simply visitor.
• "Buyer": refers to any User who uses the Platform to acquire products offered by Sellers.
• " Seller ": refers to any User, whether a natural or legal person, who offers products for sale on the Platform.
• " Account ": refers to the personal space created by the User when registering on the Platform, allowing them to access the services offered.
• "Products": refers to all goods offered for sale by Sellers via the Platform.
• " Order ": refers to any request to purchase Products made by a Buyer via the Platform.
• "Services": refers to all the functionalities and services offered by KòmandeL, including in particular commercial networking, order management and, where applicable, logistics services.
• "Logistics services": refers to services relating to the storage, preparation, transport and delivery of Products, provided directly by KòmandeL or by partners.
• " Delivery ": refers to the process of delivering an Order to the Buyer or to a designated collection point.
• "Micro-hub": designates a local logistics point used within the KòmandeL network for the temporary storage, sorting, distribution or delivery of Products.
• " Partner ": refers to any third-party entity involved in the provision of the Services, including payments, logistics or delivery.
• " Content ": refers to any element (text, image, description, opinion, etc.) published or uploaded to the Platform by a User.
• “Personal data”: refers to any information that allows a User to be identified directly or indirectly, collected in the context of using the Platform.
• "Conditions": refers to these General Terms and Conditions of Use and Sale.
3. Accessing the Platform and Creating an Account
Access to the KòmandeL Platform is open to any User with the legal capacity to enter into these Terms and Conditions, as well as the necessary technical means, including internet access and compatible equipment. However, certain services may be reserved for Users with an Account.
Free access to certain sections of the Platform is possible without prior registration. However, access to essential features, including placing Orders, listing Products for sale, or using logistics services, requires the creation of a personal Account.
Upon registration, the User agrees to provide accurate, complete, and up-to-date information. They are solely responsible for updating their information and maintaining the confidentiality of their login credentials. Any activity carried out through their Account is deemed to have been performed by them, unless duly proven otherwise.
KòmandeL reserves the right to verify the information provided by the User and to suspend or refuse access to the Platform, temporarily or permanently, in the event of inaccurate, fraudulent or non-compliant information.
The User agrees to use the Platform in accordance with its intended purpose, in compliance with applicable laws and regulations, as well as these Terms and Conditions. In particular, the User is prohibited from disrupting the proper functioning of the Platform, from fraudulently accessing or attempting to access computer systems, or from misusing the services offered for illegal or unauthorized purposes.
The Platform, as well as all its components (including software, structures, databases, interfaces, content, graphic elements, logos, and trademarks), is protected by applicable intellectual property laws and remains the exclusive property of KòmandeL or its partners. Any reproduction, representation, modification, distribution, or exploitation, in whole or in part, of these elements without the prior written authorization of KòmandeL is strictly prohibited and may result in legal action.
KòmandeL also reserves the right to restrict, suspend or interrupt, at any time and without notice, access to all or part of the Platform, in particular for reasons of maintenance, security or in the event of a breach of these Conditions, without its liability being engaged in this respect.
4. Description of Services
The KòmandeL platform offers an integrated set of digital and logistical services designed to facilitate trade, optimize product distribution and improve access to goods for users across the territory.
In this respect, KòmandeL provides a solution forbusiness matchmakingenabling Sellers to present, promote and market their Products to Buyers, and enabling Buyers to access a diverse range of products, compare prices and place Orders with ease.
As a platform operator, KòmandeL primarily acts as a technical intermediary, facilitating transactions between Users. However, the Platform may also be involved in the organization and management of logistical operations associated with Orders.
The services offered by KòmandeL include, in particular:
• Managing commercial transactions, including the publication of offers, the placement and monitoring of Orders, as well as, where applicable, the integration of secure payment solutions via partners;
• Logistics services, including the temporary storage of Products, the preparation of Orders, transport and Delivery to Buyers, directly or through Partners;
• The decentralized distribution network, based on relay points and micro-hubs allowing to optimize proximity, reduce delivery times and ensure better territorial coverage;
• Monitoring and support servicesallowing Users to track the status of their Orders and receive support when needed.
KòmandeL reserves the right to adapt, modify, extend or restrict, at any time, all or part of the Services offered, in particular according to technical, logistical or regulatory constraints, or in a logic of continuous improvement of the Platform.
It is expressly stated that, unless otherwise stipulated, KòmandeL is not a party to the sales contract concluded between the Buyer and the Seller, who remains solely responsible for the Products offered for sale, their conformity, quality, and legality. However, when KòmandeL intervenes directly in the supply chain, its liability may be invoked within the limits set forth in these Terms and Conditions.
Users acknowledge and accept that the quality and availability of the Services may depend on external factors, including those related to infrastructure, transport conditions and the local operational context, which are beyond KòmandeL's control.
5. User Obligations
Use of the KòmandeL platform implies that all Users must comply with these Terms and Conditions, as well as all applicable laws and regulations. As such, each User agrees to act responsibly, fairly, and in accordance with the Platform's purpose.
In general, the User agrees to:
• provide accurate, complete and up-to-date information when registering and when using the Services;
• use the Platform in good faith and not to impair its proper functioning, security or integrity;
• not to use the Platform for fraudulent, illegal or public order purposes;
• respect the rights of other Users as well as those of KòmandeL.
Specific Obligations of Buyers
The Buyer specifically agrees to:
• to provide accurate and accessible delivery information, in order to facilitate the proper execution of Orders;
• honor its payment commitments according to the terms stipulated in the Order;
• check the Products upon receipt and report any anomalies within the specified time limits;
• Adopt respectful behavior towards Sellers, delivery drivers and all personnel involved in the performance of the Services.
The Buyer acknowledges that any validated Order constitutes a firm commitment to purchase, except in cases provided for in the cancellation or return policy.
Specific Obligations of Sellers
The Seller undertakes in particular to:
• to offer Products that comply with current legislation, are lawful and do not infringe on the rights of third parties;
• provide accurate, complete and non-misleading descriptions of the Products (features, price, availability, etc.);
• respect the announced deadlines for the preparation and delivery of Orders to the logistics services;
• to guarantee the quality, conformity and safety of the Products sold;
• to cooperate with KòmandeL and its Partners in the management of Orders, deliveries and, where applicable, returns or disputes.
The Seller remains solely responsible for the Products it puts up for sale, as well as for the consequences resulting from a breach of its obligations.
Obligations related to logistics services
When using logistics services, Users agree to:
• to provide accurate and actionable information for delivery management;
• comply with the procedures in place, particularly regarding the deposit, withdrawal or receipt of Products at micro-hubs or relay points;
• do not ship or transit prohibited, dangerous or non-compliant products.
Any failure to comply with the obligations set forth herein may result, at KòmandeL’s discretion, in the suspension or termination of the User’s Account, without prejudice to any liability action or claim for compensation for damages suffered.
6. Orders and Payments
6.1 Ordering Process
Placing an order on the KòmandeL platform involves several steps allowing the Buyer to select the Products, check the details of their Order and confirm their purchase commitment.
Any order validated by the Buyer constitutes a firm and final offer to purchase the selected products, subject to their availability. Once the order is confirmed, a summary is sent to the Buyer by any appropriate means.
KòmandeL reserves the right to refuse or cancel any Order in case of suspected fraud, payment incident, inaccurate information or abusive behavior by the Buyer.
6.2 Payment terms
Payments made on the Platform can be made via the following methods:
• mobile payment services, in particular MonCash ;
• bank or credit cards, via secure payment providers;
• any other means of payment that may be offered later on the Platform.
The Buyer warrants that he/she is fully authorized to use the chosen payment method and that he/she has sufficient funds to honor the Order.
Payment confirmation is required for order processing. If payment is declined by the relevant financial institutions, the order will be automatically cancelled.
6.3 Payment Security
KòmandeL implements reasonable security measures to protect transactions carried out on the Platform, in particular by relying on recognized payment providers.
However, the User acknowledges that data transmission systems over the Internet do not guarantee absolute security. Therefore, the Buyer remains responsible for protecting their payment information and its use.
6.4 Prevention and combating fraud
KòmandeL places particular importance on fraud prevention, especially in the area of electronic payments.
In this respect, any fraudulent use of a means of payment, any abusive or unjustified dispute of a payment (in particular in the context of a chargeback procedure with a financial institution), as well as any attempt to circumvent payment systems, constitutes a serious breach of these Terms.
In particular, the Buyer acknowledges that:
• Any order validated and paid for via a secure payment method is deemed to have been authorized by him;
• Any dispute regarding payment with a bank or financial operator, when the transaction has actually been carried out and the Order has been executed or is in the process of being executed, may be considered fraudulent.
In the event of suspicion or detection of fraud, KòmandeL reserves the right to:
• suspend or terminate the account of the user in question immediately;
• block or cancel pending orders;
• refuse any future transactions;
• to take all necessary actions, including legal action, to recover the sums owed and obtain compensation for the damage suffered.
KòmandeL also reserves the right to collaborate with financial institutions, competent authorities and any relevant body in the fight against fraud.
6.5 Preservation of Evidence
Electronic records, transaction logs, and any data relating to Orders and payments held by KòmandeL or its payment partners constitute admissible evidence in the event of a dispute.
The User acknowledges the probative value of these elements and accepts that they may be used in any proceedings, including in cases of dispute or fraud.
7. Delivery and Logistics
7.1 Organization of logistics services
KòmandeL offers, directly or through its Partners, logistics services designed to ensure the delivery of Products from the Seller to the Buyer.
These services may include, depending on the circumstances:
• collecting Products from Vendors;
• temporary storage within local logistics points (micro-hubs);
• Order preparation and sorting;
• Transport and delivery to the address indicated by the Buyer or to a designated collection point.
The logistics organization is based in particular on a decentralized network aimed at optimizing delivery times, improving territorial coverage and adapting to local realities.
7.2 Delivery times and methods
The delivery times indicated on the Platform are estimates only. They may vary depending on several factors, including:
• the geographical location of the Buyer and the Seller;
• Product availability;
• logistical and operational constraints;
• traffic and safety conditions.
KòmandeL strives to meet the announced deadlines, but cannot guarantee their strict adherence. No reasonable delay will give rise to compensation, unless otherwise provided by law.
Delivery is deemed to have taken place upon handover of the Product to the Buyer or any authorized person, or upon its collection from a relay point or micro-hub.
7.3 Buyer's Obligations Regarding Acceptance
The Buyer agrees to:
• provide a precise, accessible and secure delivery address;
• be available at the agreed times or designate a person authorized to receive the Order;
• Check the condition of the package and the product upon receipt.
In the event of an inability to deliver due to the Buyer (incorrect address, repeated absence, unjustified refusal to receive), additional charges may be applied, and the Order may be returned or cancelled under the conditions provided for by the Platform.
7.4 Use of micro-hubs and relay points
As part of its logistics model, KòmandeL may use micro-hubs or relay points to facilitate the distribution of Products.
The Buyer may be required to collect their Order from a designated location. In this case, they agree to collect it within the specified timeframe. After this period, KòmandeL reserves the right to return the Product to the Seller or to apply storage fees.
The Seller, for its part, undertakes to comply with the procedures for depositing and transmitting the Products to the micro-hubs or logistics services.
7.5 Responsibility and transfer of risks
When KòmandeL intervenes directly in the logistics chain, it undertakes to implement reasonable means to ensure the proper execution of transport and delivery operations.
However, KòmandeL cannot be held liable in the event of:
• delay or impossibility of delivery resulting from circumstances beyond its control;
• force majeure, including in particular socio-political unrest, natural disasters, road blockages, or situations of insecurity;
• fault attributable to the Buyer or the Seller.
The transfer of risks related to the Product occurs at the time of actual delivery to the Buyer or his representative.
7.6 Delivery-related claims
Any claim relating to Delivery (missing product, damaged package, delivery error) must be reported within a reasonable time from receipt of the Order, according to the terms provided by the Platform.
KòmandeL reserves the right to examine any complaint and request supporting evidence before proposing an appropriate solution.
8. Return, refund and cancellation policy
8.1 General Principle
As part of its deployment phase and given the logistical constraints linked to its distribution model, KòmandeL is not able, at this stage, to offer a systematic goods return service.
Consequently, unless expressly provided otherwise herein, delivered Products are neither returned nor exchanged after their receipt by the Buyer.
The Buyer is therefore advised to carefully check the characteristics of the Products before placing any Order.
8.2 Limited Exceptions
By way of exception to the above principle, a request for a refund or cancellation of the Order may be considered in the following cases:
• Product does not conform to the essential description provided by the Seller;
• Product was visibly damaged at the time of delivery;
• Error confirmed in the Order attributable to the Seller or to KòmandeL (Incorrect product delivered).
In these situations, the Buyer must report the problem within a reasonable time after receipt, providing all relevant supporting evidence (photos, description, proof of delivery, etc.).
KòmandeL reserves the right to assess the admissibility of the request and to determine, at its sole discretion, the appropriate solution, which may include:
• a full or partial refund;
• an asset on the Platform;
• or any other measure deemed appropriate.
8.3 No right of return for convenience
No returns or refunds will be accepted for reasons related to the Buyer's personal convenience, including but not limited to:
• change of mind;
• Product selection error;
• dissatisfaction not related to objective non-conformity.
8.4 Order Cancellation
An order can only be cancelled by the buyer before it is actually processed by the logistics system.
Once the Order has been confirmed and is being processed or delivered, cancellation can no longer be guaranteed.
KòmandeL also reserves the right to cancel any Order in the event of:
• Product unavailability;
• payment incident;
• suspicion of fraud ;
• logistical difficulty preventing the normal execution of the Delivery.
In these cases, the Buyer will be informed and, if applicable, reimbursed according to the payment method used.
8.5 Policy Developments
The User acknowledges that this policy is subject to change depending on the development of KòmandeL's logistical capabilities.
KòmandeL reserves the right to implement, in the future, expanded return, exchange or refund mechanisms, without retroactive effect on transactions already carried out.
9. Platform Responsibility
9.1 Role of the Platform
KòmandeL acts as a digital platform facilitating connections between Buyers and Sellers. As such, unless expressly stated otherwise, KòmandeL is not a party to the sales contract concluded between Users.
The Seller remains solely responsible for the Products it offers for sale, in particular with regard to their conformity, quality, safety, legality, and respect for the rights of third parties.
KòmandeL does not guarantee the accuracy of the information provided by the Sellers, nor the actual availability of the Products, and cannot be held responsible for any shortcomings attributable to the latter.
9.2 Logistics intervention
When KòmandeL intervenes directly in the supply chain, it undertakes to implement reasonable means to ensure the smooth running of storage, transport and delivery operations.
However, KòmandeL is only bound by an obligation of means, not of result. Its liability can only be invoked in the event of proven fault in the performance of its logistical services.
9.3 Limitation of Liability
To the fullest extent permitted by applicable regulations, KòmandeL cannot be held liable:
• indirect or unforeseeable damages, such as loss of revenue, loss of opportunity, loss of customers or commercial harm;
• temporary interruptions of the Platform, particularly for reasons of maintenance, update or technical incident;
• failures related to communication networks, computer systems or third-party payment services;
• of the fraudulent use of payment methods by a third party, except for fault directly attributable to KòmandeL.
9.4 External factors and local constraints
The User acknowledges that the performance of the Services may be affected by factors beyond KòmandeL's control, including:
• traffic and accessibility conditions;
• infrastructure-related constraints;
• situations of insecurity or socio-political unrest;
• natural events or any other circumstance that can be considered a case of force majeure.
In such situations, KòmandeL cannot be held responsible for delays, disruptions or inability to perform the Services.
9.5 User Responsibility
Each User is solely responsible for their use of the Platform and the consequences thereof. In particular, it is their responsibility to ensure that the information they provide is accurate and that their actions comply with these Terms and Conditions.
KòmandeL cannot be held responsible for damages resulting from a fault, negligence or failure attributable to a User.
9.6 Liability Cap
In all cases where KòmandeL's liability is engaged, it shall be limited, for all causes combined, to the amount of the Order concerned or, failing that, to the amount actually received by KòmandeL for the disputed transaction.
10. Intellectual Property
10.1 Rights of Order
The KòmandeL platform, as well as all of its constituent elements, constitute a work protected by the applicable provisions in intellectual property law.
The following are specifically protected under this heading, without this list being exhaustive:
• the name “KòmandeL”, its logo, its graphic charter and its distinctive signs;
• the architecture of the Platform, its interfaces, its technical and functional structure;
• the software, algorithms, databases and source code used or developed within the framework of the Platform;
• the texts, images, graphics, videos, editorial content and multimedia elements produced or distributed by KòmandeL.
These elements are the exclusive property of KòmandeL or are subject to exploitation rights duly granted to it.
10.2 User Rights to Content
Users may be required to publish or transmit content on the Platform, including product descriptions, reviews, comments, or other information.
By publishing content on the Platform, the User retains their intellectual property rights to it, but grants KòmandeL, free of charge, non-exclusive, worldwide and for the entire legal duration of protection, a license to use, reproduce, represent, adapt and distribute this content, within the framework of the operation, promotion and improvement of the Services.
The User guarantees that they hold all necessary rights to the content they publish and undertakes not to infringe the rights of third parties.
10.3 Prohibitions
Unless prior written authorization is obtained from KòmandeL, it is strictly forbidden to:
• reproduce, copy, modify, extract or reuse all or part of the Platform or its protected elements;
• use the trademark “KòmandeL” or any sign likely to create confusion in the mind of the public;
• proceed with any systematic or automated extraction of data from the Platform (data scraping, unauthorized crawling);
• to commercially exploit all or part of the content or functionalities of the Platform.
10.4 Brand and Digital Asset Protection
KòmandeL intends to actively protect its intellectual property rights, including its brand, technological innovations and operating model.
Any unauthorized use, imitation, counterfeiting or misuse of elements belonging to KòmandeL may give rise to civil and/or criminal proceedings, without prejudice to any damages that may be claimed.
10.5 Reporting of violations
Anyone who believes that content published on the Platform infringes their intellectual property rights may inform KòmandeL by providing the necessary supporting documents.
KòmandeL reserves the right to remove any disputed content after review, without incurring any liability in this regard.
11. Protection of personal data
11.1 General Principles
KòmandeL places paramount importance on the protection of the privacy and personal data of its Users. The collection and processing of personal data are carried out in accordance with the principles of lawfulness, transparency, proportionality, and security.
Personal data means any information that allows a User to be identified directly or indirectly, including name, surname, telephone number, address, delivery information, order history and payment data.
11.2 Data Collection
In the course of using the Platform, KòmandeL may collect personal data, particularly during:
• the creation of a User Account;
• Order placement and monitoring;
• the use of logistics services;
• exchanges with customer service;
• the use of payment methods via partner providers.
The User is informed that certain data is essential for the proper functioning of the Services and that its absence may prevent access to certain features of the Platform.
11.3 Use of data
The personal data collected is used primarily for the following purposes:
• the management of User Accounts and access to the Platform;
• the processing, tracking and delivery of Orders;
• the management of payments and financial transactions;
• improving services and user experience;
• communication with Users in the context of customer service;
• fraud prevention and transaction security.
KòmandeL undertakes not to use personal data for purposes incompatible with the purposes for which it was collected.
11.4 Data Sharing
Personal data may be shared with:
• the Sellers, to the extent necessary for the execution of the Orders;
• logistics providers and delivery partners;
• payment providers (e.g., mobile or banking services);
• any administrative or judicial authority when required by law.
In all cases, KòmandeL ensures that these third parties provide sufficient guarantees regarding data protection.
11.5 Data Security
KòmandeL implements reasonable technical and organizational measures to protect personal data against loss, unauthorized access, disclosure, alteration or destruction.
However, the User acknowledges that no system for transmitting or storing data on the Internet is completely secure.
11.6 Data Retention
Personal data is kept for the period necessary to achieve the purposes for which it was collected, unless a legal or regulatory obligation requires a longer retention period.
11.7 User Rights
Subject to the conditions set forth in applicable regulations, the User has, in particular, the following rights:
• right of access to one's personal data;
• right to rectification of inaccurate data;
• right to have one's data deleted, within legal limits;
• right to object to certain processing;
• right to limit processing in certain cases.
The User can exercise their rights by contacting KòmandeL via the channels made available on the Platform.
11.8 Use of data for security and fraud prevention purposes
In order to protect the Platform, its Users, and its partners, KòmandeL may analyze certain data for the purpose of preventing fraud, abuse, and illegal behavior. This processing is carried out in compliance with User rights and applicable legal obligations.
12. Prohibited Conduct and Misuse of the Platform
In order to ensure the proper functioning of the Platform, the security of transactions and trust between Users, it is strictly forbidden to adopt any abusive, fraudulent or contrary behavior to these Conditions.
Without this list being exhaustive, the following are specifically prohibited:
12.1 Fraud and false information
• the creation of accounts with false identities, inaccurate or stolen information;
• the fraudulent use of payment methods or the abusive dispute of valid payments (including unjustified chargeback procedures after receipt or processing of an Order);
• any attempt to manipulate the ordering, payment or delivery systems.
12.2 Misuse of the Platform
• the use of the Platform for purposes other than those provided for in these Terms;
• the misuse of logistics services, micro-hubs or relay points for unauthorized purposes;
• any attempt to interfere with the proper technical functioning of the Platform.
12.3 Security and System Breach
• unauthorized access, attempted access or exploration of KòmandeL's computer systems;
• any activity aimed at disrupting, slowing down or damaging the Platform (viruses, attacks, intentional overloading, etc.);
• the use of unauthorized robots, scripts or automated processes to extract data or exploit the Platform.
12.4 Illegal or harmful content
• the publication or dissemination of false, misleading, defamatory, offensive or unlawful content;
• the offering for sale of prohibited, illegal, counterfeit or dangerous products;
• any infringement of the intellectual property rights of KòmandeL or third parties.
12.5 Transaction and Logistics Abuses
• the placing of orders intentionally not honored;
• the unjustified refusal to accept Products or repeated unavailability without justification;
• any attempt to divert logistics services for fraudulent or speculative purposes.
12.6 Sanctions for violation
In the event of a breach of these provisions, KòmandeL reserves the right, without prior notice or compensation, to take any action deemed necessary, including:
• the temporary or permanent suspension of the Account of the User concerned;
• cancellation of current orders;
• blocking payments or refunds;
• the refusal of future access to the Platform;
• and, where appropriate, the undertaking of any legal or administrative action aimed at protecting its rights and those of its partners.
KòmandeL also reserves the right to collaborate with financial institutions, payment providers and competent authorities in order to prevent and punish any fraudulent or abusive activity.
12.7 Principle of Responsibility
Each User is fully responsible for their actions on the Platform. KòmandeL's failure to immediately exercise a right or sanction shall not be interpreted as a waiver of that right.
13. Suspension and Termination of Accounts
13.1 General Principle
KòmandeL reserves the right to suspend or terminate, temporarily or permanently, any User Account in the event of non-compliance with these Conditions, without prejudice to any other legal action or remedy.
This measure aims to guarantee the security of the Platform, the protection of Users and the proper execution of the Services.
13.2 Account Suspension
The Account may be suspended as a precautionary measure, particularly in the following cases:
• suspicion of fraud or illegal activity;
• violation of these Terms;
• abusive or disruptive behavior;
• manifestly abusive or unjustified payment disputes;
• breach of Platform security or attempted intrusion into its systems;
• failure to comply with obligations related to Orders or logistics.
The suspension may, depending on the circumstances, result in a temporary limitation of access to all or part of the Services, without KòmandeL being held liable.
13.3 Account Termination
Terminating the Account results in the permanent removal of the User's access to the Platform.
It may be decided in particular in the event of:
• serious or repeated breach of these Terms;
• proven fraud, particularly in matters of payment or ordering;
• illegal or abusive use of the Platform;
• identity theft or provision of fraudulent information;
• serious harm to the interests of KòmandeL, its partners or other Users.
In certain serious cases, termination may occur without notice.
13.4 Effects of suspension or termination
In case of suspension or termination:
• access to the Account and Services is immediately restricted or removed;
• Orders in progress may be cancelled or suspended;
• the User's financial obligations remain due;
• Account-related data may be retained in compliance with legal obligations and evidentiary requirements.
13.5 User's Right to Defense
Where possible, KòmandeL may inform the User of the reasons for the suspension or termination and allow them to provide explanations or supporting documents.
However, in the event of proven fraud, security risk or serious breach, KòmandeL reserves the right to proceed with an immediate suspension or termination without notice.
13.6 Preservation of KòmandeL rights
The suspension or termination of an Account does not in any way affect the rights acquired by KòmandeL, in particular with regard to debt collection, compensation for damages or legal actions.
14. Applicable Law and Dispute Resolution
14.1 Applicable Law
These Terms are governed by and construed in accordance with the laws and regulations in force in the Republic of Haiti.
In the event of changes to applicable legislation, mandatory legal provisions shall prevail over any conflicting clause in these Terms and Conditions.
14.2 Seeking an amicable solution
In the event of a dispute relating to the interpretation, performance or validity of these Terms, the Parties undertake to seek, as a priority, an amicable solution before any legal action.
For this purpose, the User is invited to contact KòmandeL's support service in order to try to resolve the dispute quickly and fairly.
KòmandeL may, if necessary, propose internal mediation or any other mechanism for the amicable resolution of disputes.
14.3 Jurisdictional competence
In the absence of an amicable resolution within a reasonable time, any dispute relating to these Conditions shall be submitted to the competent courts of the Republic of Haiti.
Unless otherwise required by law, it is expressly agreed that these jurisdictions shall have exclusive jurisdiction to hear any dispute between KòmandeL and a User relating to the use of the Platform.
14.4 Evidence and admissibility
The User acknowledges that the computer data kept by KòmandeL or its partners (including order history, exchanges, transactions and technical logs) shall be valid between the parties and shall constitute admissible evidence in the event of a dispute.
14.5 Continuity of obligations
The failure of KòmandeL or a User to exercise a right or to take immediate action in the event of a breach shall not be construed as a waiver of that right.
The obligations provided for in these Conditions which, by their nature, are intended to survive their execution (in particular those relating to liability, intellectual property or confidentiality), remain fully applicable after the end of the contractual relationship.
15. Modification of the Terms and Conditions
KòmandeL reserves the right to modify these Conditions at any time in order to adapt them to legal, technical, operational or commercial developments of the Platform.
Any substantial modification to the Conditions will be brought to the attention of Users by any appropriate means, including notification on the Platform or by email.
The amended Terms will come into effect upon their publication or the date indicated in the notification.
It is the User's responsibility to regularly consult these Terms and Conditions to be aware of any updates. Continued use of the Platform after modification constitutes full and complete acceptance of the revised Terms and Conditions.
If the User disagrees with the new Terms, they are free to cease using the Platform and, if necessary, close their Account.
16. Contact
For any questions, requests for information, complaints or reports relating to the use of the Platform, the User can contact KòmandeL via the official channels provided.
Means of contact may include, but are not limited to:
• an email address dedicated to user support;
• a telephone number or customer service;
• a contact form available on the Platform;
• any other official communication channel communicated by KòmandeL.
KòmandeL undertakes to process User requests within a reasonable timeframe, depending on the nature and complexity of the request.
Exchanges made via official contact channels may be kept for the purposes of monitoring, improving the service and providing evidence in the event of a dispute, in compliance with the provisions relating to the protection of personal data.