Termes et conditions
General Terms of Use
1. DEFINITIONS
The following definitions apply to all of the T&Cs.
• "Application": refers to the mobile application operated by Lomnava, available on iOS and Android, reserved for Customers.
• "Lomnava Pro Application": refers to the mobile application operated by Lomnava, available on iOS and Android, reserved for Partners.
• "T&C": refers to these general terms of use.
• "Customer": refers to any natural or legal person using the Platform to connect with a Partner to benefit from a Service.
• "Order": refers to an order for a Service placed by a Customer.
• "Account": refers to a User's dedicated and personalized digital space on the Platform.
• "Content": refers to any comments, messages, information, or data posted online on the Platform.
• "Partner": refers to a service provider operating through a company or the micro-enterprise system, duly registered on the Platform and possessing the necessary skills and certifications to provide Services.
• "Platform" refers to the platform for connecting users to provide Services, operated by Lomnava, accessible from the Website, the Application, and the Lomnava Pro Application, enabling the Services to be provided.
• "Service": refers to the home service provided by a Partner to a Client in the fields of beauty/aesthetics, hairdressing, massages, childcare, or any other home service offered on the Platform that is excluded from the scope of the Care Platform.
• "Services": refers to the services provided by Lomnava to Users (e.g., connecting Partners and Clients, billing and payment tools, insurance for Services, etc.).
• "Site": refers to the website accessible at https://ahome.lomnava.com and all of their subdomains.
• "User": refers to either a Client or a Partner using the Platform.
• "Lomnava": refers to the simplified joint-stock company Lomnava, registered with the Lomé Trade and Companies Register.
Unless otherwise required by the context, terms and definitions used in the singular include the plural, and vice versa.
2. Purpose and Scope of the Terms and Conditions
Lomnava operates the Platform, a digital networking service dedicated to wellness and other services, which allows Partners to connect with Clients so that the latter can benefit from Services.
The purpose of these general terms and conditions of use is to define the terms and conditions of access and use of the Platform, as well as to define the rights and obligations of Lomnava, Partners, and Clients in connection with the use of the Platform.
The Terms and Conditions do not govern the contractual relationship between a Client and a Partner for the provision of Services. As an online platform operator, Lomnava assumes no obligations under the contractual relationship between the Client and the Partner. Lomnava's role is limited to the provision of Services.
These Terms and Conditions apply only to the Platform operated by Lomnava. The operation of the Care Platform is exclusively dedicated to personal services.
3. Registration and Acceptance of the Terms and Conditions
3.1. For the Customer
The Customer may create their Account and register on the Platform via (i) the Website, during the Order booking process, or by clicking on "Register" in the "Login" tab, or via (ii) the Application, during the Order booking process.
The Customer must provide the information necessary to create their Account upon their first login, including their first and last name, email address, telephone number, and home address details. The Customer guarantees to Lomnava that they have the authority and capacity to create the Account and use the Services.
In accordance with the French Consumer Code, the Customer is informed of their right to register on the telephone canvassing opt-out list.
During the Account creation process, the Customer agrees to read the Terms and Conditions when they indicate their consent to them by checking the box "I accept the general terms and conditions of use." The Customer is free to accept or refuse the Terms and Conditions.
Upon acceptance and/or upon completion of the Order reservation process, the Customer will receive an email confirming the creation of the Account.
3.2. For the Partner
The Partner can register on the Platform and create their Account via (i) the Website, in the Partners section, or (ii) the Lomnava Pro Application.
When logging in for the first time, the Partner must provide the following information to create their Account: their last name, first name, SIREN number, email address, date of birth, telephone number, address, and their field of activity from the options offered. The Partner guarantees to Lomnava that they have the authority and capacity to create the Account and use the Services.
During the Account creation process, the Partner agrees to read the Terms of Use when they indicate their consent to them by checking the box "I accept the general terms of use." The Partner is free to accept or reject the Terms of Use.
Upon acceptance, the Partner will receive an email confirming the creation of the Account. This email contains a PDF copy of the general terms and conditions of use that the Partner has accepted.
4. Registration Conditions Specific to Partners
To finalize the creation of their Account and be able to provide Services, the Partner must provide:
• proof of identity;
• documentation relating to their legal status (registration with the RCCM);
• diplomas attesting to their skills, particularly when the Partner practices a regulated profession or one subject to professional qualifications (for example, in the fields of "beauty," "massage," and "hairdressing," as indicated on the Platform);
• For any Partner providing personal services, for example, in the field of "childcare": provide proof of (i) a minimum of 12 months of experience or professional training in the relevant profession, (ii) identity documents, (iii) a criminal record extract, and (iv) a declaration of personal services.
The Partner understands and accepts that Lomnava may subject the Partner to a telephone interview and a skills verification process, including through the administration of a test. Lomnava may refuse to register a Partner without having to provide a reason.
5. Development of the Services and Amendments to the Terms of Use
To improve its operation and quality, Lomnava is developing the features and functionalities of the Platform and Services.
Lomnava may unilaterally modify the Terms of Use regarding the technical aspects of the Platform and Services, provided that this does not result in an increase in price or a deterioration in quality, and that the characteristics to which the User has committed their commitment have been included in the Terms of Use.
For other modifications to the Terms of Use and Services, Lomnava will inform the User, by any means, at least 15 days before their entry into force.
If the User does not object within this period, the modifications will be deemed to have been read and accepted. In the event of objection or refusal, the Terms of Use will be immediately terminated, and the User must cease using the Platform and Services, subject to full performance of the applicable obligations (in particular, Users must honor any outstanding Orders).
6. Account Access, Use, and Security
Access to the Platform and Services is exclusively reserved for Users. Each User understands and accepts that they are responsible for access to and use of their Account.
Except in the event of a technical failure attributable to Lomnava or force majeure, each User is responsible for the confidentiality of their login information and undertakes to implement all measures to ensure the security and confidentiality of their login information.
If they have reason to believe that their login information (in particular, their username or password) has been lost, stolen, misappropriated, or compromised in any way, or in the event of unauthorized use of their Account, the User must immediately notify Lomnava.
In such a situation, the User authorizes Lomnava to take all appropriate measures to prevent any further access to the Account.
7. Performance of Services
7.1. Order
The Customer may place Orders on the Website or the Application. They must select one or more specific Services from the categories of Services offered and provide the desired date and time.
Services can only be performed during the times indicated on the Website or the Application. Services performed at certain times may be subject to an additional charge, as indicated on the Website or the Application at the time of the Order.
Before confirming the Order, the Customer has access to a summary of the Order and can provide any specific requests or provide information to the Partner to be selected. The Customer understands and accepts that this information is provided for informational purposes only and that the Partner is not bound by it.
The Customer and the Partner may mutually agree to modify an Order before the scheduled date of the Service.
7.2. Connecting Customers and Partners
After validation, the Order is sent, using Lomnava's algorithm, to the available Partners who best match the Customer's request. Once a Partner has accepted the Order, it is considered validated.
Lomnava's algorithm proposes the Customer's Order to a Partner based on a score that varies depending on the Partner's ability to retain Customers.
Services are also proposed based on the location of Partners and Customers.
When receiving a Service proposal, the Partner remains free to accept or reject it by using the corresponding functionality on the Platform. After this period, the Partner will be deemed to have rejected the proposal.
As soon as an Order is placed, Lomnava contacts several Partners. The Partners contacted first are those with high scores based on the above criteria. The more urgent the Order, the faster Partners will be contacted to fulfill it.
If a Partner fails to respond within a timeframe that depends on the urgency of the Order, the Order will then be offered to other Partners until it is accepted by one of them.
7.3. Withdrawal and Cancellation of an Order
When an Order is validated more than 14 days in advance in accordance with the paragraph above, the Customer benefits from the legally provided right of withdrawal. To exercise this right, the Customer may cancel the Order on the Platform, using the corresponding functionality on the Website or Application, and it will be canceled free of charge.
Lomnava provides a standard withdrawal form in the appendix to the Terms and Conditions.
When an Order is validated less than 14 days in advance in accordance with the paragraph above, the Client requires that the performance of the service begin before the end of the withdrawal period. As such, the Client expressly waives their right of withdrawal.
When the Client has waived their right of withdrawal but ultimately wishes to cancel an Order, the following cancellation rules apply:
• Cancellation more than 24 hours before the scheduled appointment: no cancellation fee;
• Cancellation between 8 hours and 24 hours before the scheduled appointment: a flat-rate cancellation fee of five hundred (500) Swiss francs;
• Cancellation between 4 hours and 8 hours before the scheduled appointment: a flat-rate cancellation fee of one thousand (1,000) Swiss francs;
• Cancellation between 2 and 4 hours before the scheduled appointment: cancellation fee of 50% of the Order amount, up to a maximum of two thousand (2000) Swiss francs;
• Cancellation between 2 hours and the scheduled appointment time: cancellation fee of 80% of the Order amount, up to a maximum of three thousand (3000) Swiss francs;
• Cancellation after the scheduled appointment time, or in the event that the Client is absent 30 minutes after the appointment time: 100% of the Order amount, up to a maximum of four thousand (4000) Swiss francs.
7.4. Performance of Services
Lomnava is not involved in the provision of the Service, which is the sole responsibility and competence of the Partner.
At the end of a Service, the Client evaluates the Partner using a rating system. Reviews are intended to be final and are only deleted exceptionally upon express request from their author.
The Partner also evaluates the Client. Reviews left by Partners are not public.
8. Financial Conditions
8.1. Price of Services
The price of the Services is proposed by Lomnava. The price of each specific Service appears on the Platform. The Client must pay for the Services by credit card.
The Partner's remuneration corresponds to the amount proposed to them before accepting a Service.
Lomnava's remuneration for the performance of the Services consists of a 15% commission, which is paid by the Client for the Services provided by Lomnava.
The Client understands and accepts that certain Services are subject to minimum Orders, as indicated on the Platform.
8.2. Payment of Services
The price of the Services is subject to a bank or mobile money pre-authorization 24 hours before the start of the Service and is debited from the Client within 24 hours of the performance of the Service. The corresponding amounts are transferred to the Partner weekly by default, or monthly if requested. An additional 8 days are then required for the funds to be transmitted.
To manage financial flows, Lomnava uses Cinetpay, PayPal, and Stripe, payment service providers that market a solution enabling the management of payment flows between Lomnava, Partners, and Customers. Payment services provided using these methods on the Platform are subject to the general terms and conditions of use for these products. By using the Platform, the Partner and the Customer agree to these general terms and conditions of use.
8.3. Billing
Invoices for the Services provided to the Customer, as well as invoices relating to the Services, are available in their Account before payment for the Service.
Invoices generated on behalf of the Partner under the invoicing mandate referred to below and invoices for the Services are sent to the Partner, upon request, by email within 24 hours of the Service being provided.
8.4. Invoicing Mandate
The Partner expressly authorizes Lomnava, which accepts, to issue invoices for the Services in its name and on its behalf.
It is specified that the Partner retains full responsibility for its legal and tax invoicing obligations under the original invoices issued in its name and on its behalf by Lomnava, particularly with regard to its VAT obligations.
The invoicing mandate is effective for the entire duration of the T&Cs between the Partner and Lomnava. Lomnava and the Partner are each required to retain a copy of the invoices.
For the purposes of the mandate, the Partner provides Lomnava with the following information, depending on their situation:
• First and last name/or company name;
• Postal address/or registered office;
• RCCM registration number;
• Email address;
• Copy of a valid ID document (front and back);
• Portrait photo;
• Bank account details;
The Partner undertakes (i) to pay the French Treasury any value-added tax it may owe, (ii) to request and retain a copy of the invoices issued on its behalf by Lomnava, and (iii) to notify Lomnava of any changes to the above information.
9. Lomnava's Commitments
Lomnava undertakes to make the Platform and Services available to Users and to make its best efforts to ensure their accessibility and proper functioning.
As such, Lomnava undertakes to ensure that the Platform and Services are accessible 24/7, except in cases of force majeure or unforeseeable and insurmountable behavior of a third party, and subject to any outages and maintenance and update work necessary for proper functioning. of the Platform and the provision of the Services.
Lomnava provides Users with a support service to answer questions and provide assistance in the event of difficulties. For any questions or requests for information regarding the Platform or the Services, the User may contact Lomnava by sending an email to the following address: ahome@lomnava.com.
In the event of a malfunction or anomaly disrupting the proper functioning of the Platform or the Services, Lomnava undertakes to make its best efforts to rectify the situation.
10. Lomnava's Liability
Users acknowledge and accept that Lomnava's liability is limited to its role as an online platform operator.
Under no circumstances shall Lomnava be liable for the Services since, in its capacity as a digital intermediary, Lomnava is not responsible for their provision.
Furthermore, Lomnava is not liable for temporary difficulties or inability to access the Platform, the Account, or the Services if they are due to a fault on the part of a User, circumstances beyond their control, force majeure, or due to disruptions in telecommunications networks or the inherent limitations of an online service.
In any event, in cases where Lomnava's liability may be incurred, it is limited to certain, direct, and foreseeable damages. For damages resulting from a breach by Lomnava, the compensation owed to Users, in the event that its liability is directly incurred and proven, will be strictly limited to the cost incurred by the User.
11. User Commitments
11.1. Commitments Common to Users
The User expressly undertakes to:
• comply with applicable laws and regulations and not to violate public order, morality, or the rights of third parties, nor to violate any legislative or regulatory provision;
• not allow any third party to use their Account;
• not publish Content that is offensive, defamatory, disparaging, slanderous, contrary to morality, infringing, or prejudicial to public order or the rights of third parties, or likely to harm the rights, reputation, or image of Lomnava or another User;
• not use the Platform or Services fraudulently (e.g., a fake account or identity) and/or to harm the interests of Lomnava or another User;
• not assign or otherwise transfer their Account to a third party;
• provide Lomnava with all information necessary for the proper performance of the Services and guarantee its accuracy;
• make fair use of the Platform and Services, i.e., participate in the registration, Order, or rating process;
• inform Lomnava in the event of any complication of any kind, any problem with another User or when using the Platform, Account, or Services; and
• keep strictly confidential and not share with any third party any exchange, conversation, information, or, more generally, any element concerning the Services, Orders, and exchanges between Users or with Lomnava.
The User understands and accepts that the following are strictly prohibited: (i) any behavior that could interrupt, suspend, slow down, or prevent the continuity of the Platform or Services; (ii) any intrusion or attempted intrusion into Lomnava's systems; (iii) any misappropriation of the Account's and Platform's system resources; (iv) any action that could impose a disproportionate burden on Lomnava's digital infrastructure; (v) any breach of security and authentication measures; (vi) any act that could harm the financial, commercial, or moral rights and interests of Lomnava and other Users; (vii) any breach of the T&Cs; (viii) any copying and/or misappropriation of Lomnava's digital infrastructure; and (ix) more generally, any practice that misuses the Platform and Services for purposes other than those for which they were designed.
11.2. Client Commitments
The Client expressly undertakes to:
• display a correct, polite, and decent attitude towards Partners (e.g., keep their underwear on during massage services, which are wellness massages);
• not cancel Orders repeatedly or repeatedly;
• provide Partners with the best possible conditions to enable them to perform Services in good conditions (e.g., provide a room with sufficient space);
• inform the Partner of certain specific conditions for Services, and in particular, inform them of the presence of pets in the Client's home (this may prevent some Partners with allergies from providing Services);
• not contact Partners after a Service has been provided to request that they provide Services outside the Platform;
• not use Lomnava's Services for the care of children under the age of 3.
11.3. Partner Commitments
The Partner expressly undertakes to:
• honor the appointments made to provide the Services;
• possess the necessary skills to perform the Services throughout the term of the Terms and Conditions and for as long as it provides Services through the Platform.
• behave fairly towards Lomnava, in particular by inviting Customers to use the Platform when they wish to book a new Service.
12. Gift Cards
Gift cards purchased by Customers for Services are only refundable within 14 days of their availability, and provided they have not been used, even partially.
The validity of gift cards is limited to the duration for which they were issued. After this validity period, the gift card can no longer be used and the remaining balance will be forfeited.
Gift cards can only be used once, within the same Order.
13. User Responsibility
The User is responsible for their use of the Platform and Services, and is therefore liable for any damage they may cause due to their behavior and any inaccurate, incomplete, and/or misleading information they provide during registration or failure to update this information, for which they alone assume the consequences.
More specifically, Users are responsible for:
• the information they choose to post on their Account and that they disseminate using the Platform or Services; and
• the negotiation, conclusion, and execution of any contracts that may arise between them for the provision of the Services, Lomnava being merely a digital networking platform.
14. Duration, Suspension, and Termination
14.1. Duration of the Terms and Conditions
The Terms and Conditions are entered into for an indefinite period and come into effect upon acceptance by the User.
14.2. Account Limitations for Partners
14.2.1. Manual Limitations
The Account and Services provided to the Partner will be limited, for a fixed period, in the following cases:
• the Partner has sent derogatory or aggressive messages to Lomnava's teams;
• the Partner has behaved in a disagreeable or aggressive manner with Customers;
• the Partner has repeatedly received negative feedback from Customers;
• the Partner has not honored a scheduled appointment with a Customer without informing them in advance;
• the Partner has repeatedly canceled appointments with Customers that it had previously accepted.
No later than the time the limitation takes effect, Lomnava undertakes to send the Partner an email specifying (i) the implementation of the limitation measure, (ii) its duration, (iii) the reasons for its implementation, and (iv) the Partner's right to provide explanations for this situation.
During this period, the Partner will retain full access to the Platform and their Account, but will be less likely to receive Orders from new Customers.
At the end of this period, depending on the Partner's performance and the evolution of the situation, the limitation measure will be lifted or the Terms will be terminated in accordance with the provisions of Article 14.3.
14.2.2. Automatic Limitations
The Account and Services provided to the Partner will be limited if the Partner has canceled three different Services less than 72 hours before their start date during the calendar month.
Automatic limitations are valid for 48 hours. In the event that multiple appointments are canceled by adding a no-show in the Lomnava Pro Application settings, all appointments canceled in this manner will be counted as a single cancellation.
No later than the time the limitation takes effect, Lomnava undertakes to send the Partner an email specifying (i) the implementation of the limitation measure and (ii) the reasons for it.
During this period, the Partner will continue to receive Orders from Clients for whom they have already provided Services; their professional profile will remain online and active, and access to the Platform and Account will be maintained. However, the Partner will no longer be contacted for Orders from new Clients.
14.3. Termination of the Terms
14.3.1. Between the Client and Lomnava
With respect to their contractual relationship, Lomnava and the Clients may terminate the Terms at any time, by any means, without reason and without notice.
14.3.2. Between the Partner and Lomnava
A. Termination with Notice
a) For the Partner
The Terms may be terminated by the Partner without reason upon thirty (30) days' notice. The Partner undertakes to send Lomnava an email informing it of its decision to terminate the Terms.
During this period, the Partner continues to benefit from the Services, and each Party undertakes to comply with its obligations.
The termination of the Terms will not give rise to any compensation.
At the end of the notice period, the Partner will no longer have access to the Account, the Platform, and the Services.
b) For Lomnava
Subject to a notice period depending on how long the Partner has been registered on the Platform, the Terms of Service may be terminated by Lomnava:
• if the Partner has failed to fulfill its contractual obligations under the Terms of Service (for example, lack of skills to perform the Services);
• if Clients are dissatisfied with the Partner (for example, poor Client reviews/feedback or cancellation of appointments);
• if the Partner has sent derogatory or aggressive messages to Lomnava's teams;
• if the Partner has behaved in an unpleasant or aggressive manner towards Clients;
• if the Partner has not kept a scheduled appointment with a Client without informing the Client in advance;
• if the Partner has repeatedly canceled appointments with Clients that it had previously accepted;
• if the Partner is no longer able to fulfill its commitments under the T&Cs (for example, in the event of insolvency proceedings).
The notice period will be determined based on the Partner's length of registration on the Platform, using the following criteria:
• < 3 months: no notice
• Between 3 and 6 months: 7 days
• Between 6 and 1 year: 15 days
• Between 1 and 2 years: 1 month
• Between 2 and 3 years: 2 months
• Beyond that: 1 additional month per year
Prior to termination, Lomnava undertakes to send the Partner an email specifying (i) the implementation of the termination measure, (ii) the effective date, (iii) the reasons for the termination, and (iv) the Partner's right to provide explanations regarding the situation.
During this period, the Partner continues to benefit from the Services, and each Party undertakes to comply with its obligations.
Termination of the Terms of Service will not give rise to any compensation.
At the end of the notice period, the Partner will no longer have access to the Account, the Platform, and the Services.
B. Termination without notice
The Terms of Service may be terminated without notice by the Parties in the following cases:
> at the Partner's initiative:
• if the Partner exercises a right of termination for a compelling reason;
• if the Partner can prove that Lomnava has repeatedly or seriously breached its contractual obligations under the Terms of Service (for example, lack of access to the Platform or a failure in establishing contact).
> at the initiative of Lomnava:
• if Lomnava exercises a right of termination for a compelling reason;
• if Lomnava can provide proof that the Partner has repeatedly or seriously breached its contractual obligations under the T&Cs (for example, lack of access to the Platform or a failure to establish contact).
Without undue delay following the termination decision, the Party wishing to terminate the T&Cs undertakes to send the other Party an email specifying (i) the implementation of this termination measure, (ii) the date on which it will become effective, (iii) the reasons for it, and (iv) the Partner's right to provide explanations for this situation.
The termination of the T&Cs will not give rise to any compensation.
Upon the termination of the T&Cs, the Partner will no longer have access to the Account, the Platform, and the Services.
15. Compliance with Tax and Social Security Obligations by the Partner
The Partner is informed that its activity on the Platform generates legal, tax, social security, and administrative obligations, which it must fulfill in accordance with applicable legislation.
The Partner is solely responsible for all declarations and formalities required for its activity and must meet all obligations incumbent upon it, where applicable, under French law and/or foreign legislation to which it is subject, including the payment of social security contributions and levies owed by self-employed workers.
The Partner is particularly encouraged to contact the relevant authorities:
• for taxes: https://www.otr.tg/
• https://www.impots.bj/
• for social security obligations: https://cnss.tg/
• https://cnss.bj/
16. Autonomy and Independence
Lomnava and the Partner operate with complete autonomy and independence, each bearing the risks of their own activity.
As an independent business partner, the Partner is free to choose their working and rest days and to use the equipment of their choice to provide the Services.
The Partner is not subject to any exclusivity obligations towards Lomnava. The Partner is free to enter into similar or equivalent contracts to the Terms of Use with any natural or legal person, whether or not a competitor of Lomnava, and to provide its services to its own customers or offer its services on other websites.
The Partner is not subject to any minimum turnover or activity level requirements.
The Partner is informed that it may benefit from Lomnava's support for the development of its independent business, as part of its social responsibility as a platform.
17. Voucher
When placing an Order on behalf of a third party, the Client undertakes to inform and ensure acceptance of these Terms of Use by the third party who will benefit from the Service(s) (hereinafter, the "Beneficiary").
The Client guarantees the Beneficiary's compliance with the Terms of Use. In the event of damage caused by the Beneficiary resulting from non-compliance with the Terms of Use, the Client agrees to indemnify Lomnava against any action, request, or claim of any kind against Lomnava, made by a Service Provider or any other third party.
18. Insurance
Certain damages that may result from the Services are insured by the partners.
Services provided outside the Platform are not covered.
19. Intellectual Property
The Platform, the Website, the Lomnava aHomé Application, the Lomnava Pro Application, and all of their components (hereinafter, the "Intellectual Property Elements"), including, but not limited to, the software, structures, infrastructures, databases, and content of any kind (texts, images, visuals, logos, trademarks, etc.) operated by Lomnava are protected by all applicable intellectual property rights.
Each User acknowledges and agrees that the Intellectual Property Materials, including all associated intellectual property rights, are the exclusive property of Lomnava.
Any reproduction or representation, in whole or in part, of the Intellectual Property Materials without Lomnava's authorization is prohibited.
Similarly, the User is prohibited from using, reproducing, adapting, modifying, creating derivative works from, distributing, licensing, selling, transferring, publicly displaying, transmitting, broadcasting, or otherwise exploiting the Intellectual Property Materials, without Lomnava's prior written authorization.
20. Personal Data
Lomnava attaches great importance to Users' personal data and to compliance with the General Data Protection Regulation (GDPR).
To learn more about the processing and security of their personal data, Users can consult Lomnava's privacy policy on the Website, available at the following address: https://ahome.lomnava.com/#/privacy-policy.
21. Dispute Resolution and Mediation
In the event of a dispute between a User and Lomnava, the Users and Lomnava agree to seek an amicable resolution. Since Lomnava's status is limited to its role as a digital intermediation platform, it cannot be held liable for the improper performance of a Service. However, in the event of a dispute between a Partner and a Customer, Lomnava may act as an intermediary to reach an amicable resolution.
For any complaints, the User agrees to contact Lomnava within 72 hours by email at the following address: ahome@lomnava.com. Any complaints received after this period will not be processed by Lomnava.
In accordance with Articles L. 611-1 et seq. of the French Consumer Code concerning the amicable resolution of disputes, Lomnava adheres to mediation services. The mediation service may be contacted, after unsuccessfully attempting to resolve the dispute amicably, for any consumer dispute that has not been resolved.
22. Miscellaneous
The T&Cs replace any negotiations, declarations, and agreements that may have existed previously.
Should any provision of the T&Cs be found to be wholly or partially null or invalid, the validity of the other clauses of the T&Cs shall not be affected.
The failure of Lomnava or a User to exercise their rights under the T&Cs does not constitute a waiver of their rights.
23. Applicable Law – Competent Jurisdiction
The T&Cs are governed and interpreted by OHADA law.
23.1. For Professionals
Any dispute or dispute relating to the validity, interpretation, execution, and/or termination of the T&Cs shall be submitted to the exclusive jurisdiction of the Commercial Court of Lomé. It is hereby specified that the Commercial Court of Lomé has jurisdiction only for commercial disputes between the Partners listed on the Platform and Lomnava, concerning their commercial partnership, as embodied in these Terms and Conditions.
This jurisdiction clause does not apply to disputes between Customers and Lomnava or to disputes between Customers and Partners.
23.2. For Consumers
Pursuant to the French Consumer Code, the consumer may, at their choice, refer the matter to one of the courts with territorial jurisdiction under the French Code of Civil Procedure, or to the court of the place where they resided at the time the contract was entered into or the harmful event occurred.