Terms and Conditions of Sale

Art. 1Purpose

These Terms and Conditions of Sale (the “Terms”) govern all contractual relations between AKAGURIRO SURL, operator of the e-commerce platform accessible at https://akaguriro.com and through the “Akagurirocom” mobile application (the “Platform”), and any natural or legal person making a purchase thereon (the “Buyer”).

The Platform is a marketplace connecting third-party sellers with buyers, and also offers products and services in its own name. These Terms set out the rights and obligations of the parties in the online sale of goods and services, in accordance with the regulations in force in the Republic of Burundi and with the guidelines of the National E-Commerce Ecosystem of Burundi.

Art. 2Definitions

For the purposes of these Terms, the following words have the meanings set out below:

• Platform: the website https://akaguriro.com and the “Akagurirocom” mobile application operated by AKAGURIRO SURL.
• Seller: AKAGURIRO SURL or any third-party seller offering products or services for sale on the Platform.
• Buyer (or Customer): any person placing an order on the Platform.
• Escrow account: a dedicated trust account opened with a financial institution licensed in Burundi, through which payments pass and where funds are held until delivery is confirmed.
• OTP (One-Time Password): a single-use code automatically generated by the Platform to securely confirm the Buyer’s actual receipt of the order.
• Reversal (extourne): the return of funds to the Buyer from the escrow account in the event of cancellation, return, or an arbitration decision in the Buyer’s favour.
• Relay point: an intermediate location in the logistics chain through which parcels pass before final delivery.
• Delivery point: the final hand-over location where the parcel is delivered to the Buyer (last mile).

Art. 3Acceptance of the Terms

Full acceptance of these Terms is mandatory before any order is validated. Before completing a purchase, the Buyer is invited to read the Terms and to give explicit consent by ticking the statement “I have read and accept the Terms and Conditions of Sale”.

No order can be validated without this explicit consent. By validating an order, the Buyer acknowledges having had the capacity and opportunity to read, understand and accept these Terms, which constitute the contract of sale between the parties.

Art. 4Products, services and pre-contractual information

The products and services offered on the Platform are described in an accurate, clear and non-misleading manner. Each product page states the essential characteristics of the good or service. Photographs and illustrations are provided for information and are not strictly contractual.

The availability of each product or service is shown before ordering, based on the stock declared by the Seller. Any stock shortage arising after the order is notified to the Buyer as soon as possible and gives rise, where applicable, to cancellation and reversal.

Art. 5Prices, fees and taxes

Prices are stated in Burundian francs (BIF) or US dollars (USD), inclusive of all taxes unless stated otherwise. The applicable price is the one displayed on the Platform at the time the order is validated.

Before validating any order, the Buyer is clearly and separately informed of: the price of the products or services; delivery charges; insurance charges where applicable; and any payment fees or commissions. The total amount due, including all of these items, is displayed on the checkout page before the Buyer confirms payment.

In accordance with the applicable regulations, the pricing margin related to e-commerce payment is between 1% and 3% of the total order amount, and is legibly shown on the final invoice.

Art. 6Order process

The order process comprises the following steps: selecting products or services and adding them to the cart; reviewing the cart contents and amounts; identifying the Buyer; explicitly accepting the Terms; then validating and paying for the order.

Before final validation, the Buyer is able to review the order details, amend its contents and correct any input errors. Validation of the order constitutes conclusion of the contract of sale.

An electronic acknowledgement of receipt is automatically sent to the Buyer once the order is validated. The corresponding contract of sale is securely archived and stored by the Platform and may be provided to the Buyer on request. The Platform reserves the right to refuse or cancel any order in the event of a prior dispute, suspected fraud or non-payment.

Art. 7Payment and escrow account

In accordance with Burundian e-commerce regulations, every payment made on the Platform must pass through a dedicated escrow account opened with a financial institution licensed in Burundi. AKAGURIRO SURL holds at least one account with a licensed financial institution for receiving payments.

The accepted means of payment are: Lumicash, EcoCash, IBB Mobile Plus, eNoti and iHela.

Payment is made by transfer from the Buyer’s account, card or mobile wallet to the escrow account. Every transaction is traceable and gives rise to an automatic payment confirmation sent to the Buyer by the escrow account manager. Funds are held in the escrow account for a period not exceeding four (4) days from notification of the order, pending confirmation of delivery.

Art. 8Domestic delivery

The Platform provides delivery throughout the territory of the Republic of Burundi, via relay points and delivery points declared to the competent authority. The list of relay and delivery points used is declared in accordance with the regulations in force.

Delivery charges and times are clearly displayed before the order is validated. For information, delivery times are as follows: Bujumbura, one (1) to two (2) hours; other provinces, three (3) to seven (7) business days. A real-time order tracking mechanism is made available to the Buyer.

The parcel is handed over to the recipient only after verification of the parcel’s contents, confirmation of the identity of the recipient or of their representative designated at the time of the order, and effective confirmation of delivery evidenced by an OTP code and/or proof of hand-over.

Art. 9International delivery and export

The Platform offers delivery to international destinations. The authorised destination countries, the international delivery conditions and the applicable times (five (5) to fourteen (14) days depending on the destination) are indicated before the order is validated.

For any delivery outside the national territory, the Platform undertakes to: provide clear and complete information on the products intended for export; display, where applicable, the product’s conformity or quality certificates; indicate the authorised destination countries as well as the necessary conditions, customs restrictions and authorisations; and hold the export licences and authorisations required under the regulations in force in Burundi and in the destination countries.

A Buyer located outside Burundi remains responsible for the customs duties, taxes and formalities applicable in their destination country. A minimum threshold set by the customs administration may apply to products imported online.

Art. 10Delivery confirmation and release of funds

Funds held in the escrow account are released to the beneficiaries (Seller and other parties) only after confirmation of delivery, evidenced by the OTP code automatically generated by the Platform and/or by proof of parcel hand-over.

Failing confirmation of delivery by OTP within four (4) days of notification of the arrival of the goods at the collection point indicated by the Buyer, and in the absence of any complaint addressed to the regulator or to the arbitration chamber, the escrow account manager transfers the funds to the beneficiaries’ accounts, in accordance with the instructions shown on the invoice generated by the Platform.

Art. 11Complaints, withdrawal and returns

The Buyer has a complaint period of four (4) days from delivery to report any non-conformity, defect or dispute relating to their order; such a complaint suspends the release of funds from the escrow account.

Independently of this complaint period, the Buyer may return a non-conforming, defective or unused product within seven (7) days of receipt, under the conditions set out below.

The following are not eligible for return or refund: food products; hygiene items or items already opened; personalised or made-to-order products. The return procedure is carried out by contacting customer service, providing photographic evidence where appropriate, and then following the return instructions given.

Art. 12Refund and reversal

In the event of order cancellation or return of the goods, the refund is made through the escrow account’s reversal mechanism, on the secure instruction of the Platform owner, within a maximum of seven (7) days after validation of the return or cancellation.

In the event of a discrepancy between the Buyer and the Seller, an investigation may be initiated by the arbitration chamber or, where applicable, by the competent regulator. Where the decision is in the Buyer’s favour, the reversal is ordered in accordance with that decision. The refund is made using the original means of payment or, at the Buyer’s convenience, as a credit usable on the Platform.

Art. 13Warranties

Products sold on the Platform benefit from the legal warranty of conformity provided for by the regulations in force and, where applicable, from a commercial warranty granted by the Seller. The conditions and duration of this commercial warranty are stated on the product page or communicated to the Buyer before the order.

Art. 14Buyer’s obligations

The Buyer undertakes to provide accurate information when creating their account and placing their order, to pay the agreed price and related charges, and to take delivery of their order under the conditions provided. The Buyer undertakes to use the Platform in good faith and not to misuse it for fraudulent purposes.

Art. 15Seller’s obligations

The Seller undertakes to describe their products and services accurately and in accordance with their actual characteristics, to comply with all applicable regulatory requirements, to deliver products conforming to the order, and to hold, where applicable, the required certifications, in particular for products intended for export. The Seller assumes responsibility for the products they offer for sale.

Art. 16Third-party sellers (marketplace)

The Platform operates as a marketplace hosting third-party sellers, who are clearly identified on the corresponding product pages.

AKAGURIRO SURL operates a verification procedure for third-party sellers prior to their listing, together with a seller charter defining their obligations. This charter is published and binding on every seller operating on the Platform.

Where a third-party seller fails to meet their regulatory or contractual obligations, the Platform applies mechanisms to suspend or remove the non-compliant seller, in order to protect Buyers and preserve the integrity of the ecosystem.

Art. 17Platform liability

AKAGURIRO SURL acts as a technical intermediary connecting sellers and buyers and, for products sold in its own name, as a seller. Responsibility for the product lies with the Seller. The Platform offers mediation in the event of a dispute and applies the resolution mechanisms set out in these Terms.

Art. 18Force majeure

Neither party may be held liable for the non-performance or delay in performing its obligations resulting from an event of force majeure, as defined by Burundian law, including natural disasters, conflicts, widespread interruptions of telecommunications or electricity networks, or decisions of public authorities. The affected party shall inform the other as soon as possible; beyond a reasonable period, the parties agree to seek an amicable solution.

Art. 19Complaints and customer service

The Platform provides Buyers with a dedicated, accessible and functional area for receiving and handling complaints. An internal dispute-management mechanism and a customer-assistance facility are maintained.

Every complaint received is processed and answered within a maximum of twenty-four (24) hours. The procedures for receiving, recording, processing, following up and resolving complaints are traceable and guaranteed within defined time limits.

Art. 20Dispute resolution and arbitration

In the event of a dispute, the parties shall endeavour to reach an amicable solution through the Platform’s internal complaint-management mechanism. Failing amicable resolution, the dispute may be brought before the chamber of arbitration and resolution of e-commerce disputes, or before the competent regulator, in accordance with the regulations in force.

Art. 21Personal data, privacy and cookies

The collection and processing of Buyers’ personal data are governed by the Platform’s Privacy Policy, which forms an integral part of these Terms and is published on the Platform. This policy specifies the data collected, its purposes and retention period, and the Buyer’s rights of access, rectification, erasure and objection.

The Platform implements technical and organisational security and cybersecurity measures, including encryption of communications via an SSL/TLS certificate, in order to restrict unauthorised access to data and protect Buyers’ privacy. A cookie policy is published and accessible on the Platform. Personal data is never resold.

Art. 22Intellectual property

All elements of the Platform (texts, images, videos, logos, icons, databases, software) are protected by intellectual property law. Any reproduction, representation, modification or adaptation, in whole or in part, is prohibited without the prior written authorisation of AKAGURIRO SURL.

Art. 23Amendments to the Terms

AKAGURIRO SURL reserves the right to amend these Terms at any time. The conditions applicable to an order are those in force on the date it is validated. The most recent version of the Terms is always accessible on the Platform.

Art. 24Governing law and jurisdiction

These Terms are governed by the law of the Republic of Burundi. Failing amicable or arbitral resolution, any dispute falls within the jurisdiction of the courts of Bujumbura.

Art. 25Contact

For any question or complaint relating to these Terms or to an order:

• Email: info@akaguriro.com — support@akaguriro.com
• Phone / WhatsApp: +257 65 176 176
• Website: https://akaguriro.com — form: akaguriro.com/contact