Terms of Sale

General Conditions of Sale — esahav.com

Publisher: Fredo Andrianaivo — Sole Proprietorship Registered office: Immeuble SALFA, Ambatovinaky, Antananarivo, Madagascar Tax ID (NIF): 2008312301 · Stat. ID (STAT): 70209 11 2026 0 01075 · Trade Register (RCS): 2026 A 00363 Contact: contact@esahav.com Hosting: Private virtual server operated via Dokploy (Lauterbourg, Grand Est, France)

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Article 1: Purpose and acceptance

These General Conditions of Sale ("GCS") govern the sales of products and services concluded through the esahav platform (esahav.com) between:

• on the one hand, the partner restaurants registered on the platform, acting as sellers;
• on the other hand, the consumer users, acting as buyers.

Any order placed on the platform implies full and entire acceptance of these GCS, as well as the GCU and the Privacy Policy.

Article 2: esahav's role

esahav is a technical intermediary that:

1. provides the platform connecting restaurants and consumers;
2. supplies the tools needed to place, pay for and track orders;
3. collects payments via mobile money in the name and on behalf of the restaurant, then transfers to the restaurant the amount net of commission.

The sales contract is concluded directly between the restaurant and the consumer. esahav is not a party to the sales contract. esahav does not own the products offered and assumes no commercial responsibility for them.

Article 3: Product description

The products (dishes, beverages, menus, restaurant services) presented on the platform are described by each restaurant under its own responsibility. The restaurant warrants the accuracy of the information about its products: name, photo, composition, allergens, price, availability and preparation time.

esahav cannot be held liable for any inaccuracies or errors in product listings.

Article 4: Pricing

1. Prices displayed on the platform are in ariary (Ar), including all applicable taxes when the restaurant is taxable.
2. The price of each product is freely set by the restaurant.
3. Additional fees may apply: delivery fees, service charges, optional tip. Such fees are displayed before order validation.
4. esahav reserves the right, for transparency purposes, to display distinct service fees linked to platform operation.

Article 5: esahav commission

esahav charges a 15% commission (final rate, all taxes included) on the total amount of each order paid through the platform, delivery fee included. This commission:

• is collected by esahav in the name and on behalf of the restaurant at payout time — the restaurant receives exactly 85% of the total amount of every paid order;
• covers all mobile-money processing fees (the Papi aggregator for MVola and Airtel Money, Orange Money WebPay) and the technical operation of the platform — no payment-processing fee is ever surcharged to the consumer or deducted from the restaurant's payout;
• applies to every fulfilled order, including orders cancelled by the consumer after restaurant validation.

For information, esahav plans to introduce in 2027 a monthly subscription of 60,000 Ar in addition to this commission. Partner restaurants will be notified at least 60 days before it takes effect.

Article 6: Payment

1. Payment is made exclusively via mobile money: MVola, Airtel Money or Orange Money. MVola and Airtel Money payments are processed by the licensed aggregator Papi; Orange Money payments are processed via Orange Money WebPay.
2. The amount displayed when placing the order is the exact amount charged. esahav adds no payment fee, processing fee or surcharge; payment providers' processing fees are borne entirely by esahav.
3. Payment is collected at the time the order is placed, before the order is transmitted to the restaurant.
4. The secret code/OTP is entered by the consumer directly on the secure interface of the mobile-money operator. esahav never has access to the secret code.
5. No order is transmitted to the restaurant until the operator confirms payment.

Article 7: Delivery, pickup or dine-in

Depending on the mode chosen by the consumer:

• Dine-in: the restaurant serves at the table at the agreed time;
• Takeaway: the consumer picks up the order at the restaurant's address at the agreed time;
• Delivery: the restaurant — or a third-party carrier contractually engaged with esahav, where applicable — handles the delivery to the indicated address.

Time slots are indicative and depend on the restaurant, traffic and local conditions. esahav cannot be held liable for delays attributable to the restaurant, the carrier or events of force majeure.

Article 8: Conformity and warranty

The restaurant warrants that the products delivered conform to the description published on the platform and comply with applicable sanitary standards. In case of non-conformity, the consumer has 48 hours after receipt to report the issue at contact@esahav.com or directly to the restaurant.

esahav acts as a first-line mediator and may, where the parties agree, process a full or partial refund of the order or issue a credit note.

Article 9: Cancellation and refunds

Cancellation and refund terms are aligned with section A.5 of the GCU:

• User cancellation before restaurant validation: full refund;
• User cancellation after validation: per the restaurant's policy;
• Restaurant cancellation: full refund;
• Non-conformity or non-delivery: refund or credit note after mediation.

Refunds are made via the same mobile-money channel as the one used for payment, within the operator's standard timelines.

Article 10: Liability

1. The restaurant is solely liable for the quality, safety, conformity and delivery of the products sold.
2. esahav, as a technical intermediary, may only be held liable for direct damages attributable to a defect in the platform. Indirect damages (loss of business, loss of opportunity, moral prejudice) and damages resulting from force majeure are expressly excluded.
3. esahav cannot be held liable for the punctual unavailability of a mobile-money operator or a technical processor.

Article 11: Intellectual property

esahav's trademarks, logos, domain names and graphic elements belong to Fredo Andrianaivo. Content published by restaurants (logos, photos, descriptions) remains their property, but the restaurant grants esahav a licence to use it for display on the platform and promotion (see GCU B.9).

Any unauthorised reproduction is prohibited and may constitute infringement.

Article 12: Personal data

Personal data processing in connection with orders is governed by the Privacy Policy.

Article 13: Mediation and dispute resolution

In the event of a dispute, the parties commit to first seeking an amicable solution, where appropriate by requesting esahav's mediation at contact@esahav.com.

Failing amicable resolution within a reasonable timeframe, the dispute shall be submitted exclusively to the Antananarivo Commercial Court.

Article 14: Applicable law

These GCS are governed by Malagasy law.

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Last updated: 15 May 2026.