v. 1.0 – 2nd May 2023
1. Introduction
1.1. These terms and conditions (“Terms and Conditions”) govern your use of Wild Horizon Limited’s e-commerce website, specifically for the online store for products hosted on https://www.wildhorizon.mu (the “Website”). Wild Horizon Limited is a domestic company, with company registration number C22186270, and its registered address at 54 Empasse Henry Rue Lees, Curepipe, Mauritius. By accessing or using the Website, you agree to be bound by these Terms and Conditions, as well as any additional terms and conditions that apply to specific sections of the Website or to products and services available through the Website. By checking the box “I have read and agree to the Terms and Conditions” provided on the confirmation page of an order, you agree to have read and accepted the same unconditionally. 1.2. If you do not agree to be bound by these Terms and Conditions, you should not access or use the Website.
2. Scope
2.1. The scope of the Terms and Conditions pertains solely to Contracts related to the online sale of Wild Horizon Limited products to buyers, who will be referred to as “Customers”. The Terms and conditions represent the binding contractual documents between Wild Horizon Limited and Customers after an online order is placed. Other materials such as prospectuses, catalogues, promotional material, photographs, and/or online videos are of a non-contractual nature and are only indicative, are for informational purposes only, and do not form part of the Contract between Wild Horizon Limited and the Customer. 2.2. The Terms and Conditions only apply to Customers located in Mauritius, excluding Rodrigues and other peripheral islands.
3. Website Content
3.1. While we take reasonable care to ensure that the information on the Website is accurate and up-to-date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. 3.2. We will not be liable for any loss or damage arising from or in connection with the use of the Website, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data arising out of, or in connection with, the use of the Website. 3.3. The information, products, and services on the Website may be subject to change at any time without notice. 3.4. The Website is provided “as is” and “as available”. Wild Horizon Limited does not guarantee that the Website will be free from errors or uninterrupted.
4. Intellectual Property
4.1. The Website and its contents, including but not limited to text, graphics, images, logos, button icons, software, and audio and video clips, are the property of Wild Horizon Limited or its content suppliers and are protected by Mauritius and international copyright laws. 4.2. You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute any of the content on the Website without our prior written permission, except for personal, non-commercial use.
5. Online Store
5.1. The online store on the Website is operated by Wild Horizon Limited and offers products for sale. 5.2. Prices for products are subject to change without notice. We reserve the right, at any time, to modify or discontinue the service (or any part or content thereof) without notice. The Website displays the selling prices of all products in Mauritian Rupees (MUR). However, the prices do not include delivery costs, which will be added to the order before it is validated. Upon confirmation of the order, the Customer will be shown the total amount owed, which includes the selling price of the product(s) and any additional charges. The applicable selling price for a product is the one in effect on the day when the order is confirmed on the Website by the Customer. If a promotion is advertised on the Website, Wild Horizon Limited will apply the promotional price to any order confirmed by the Customer during the promotional period. 5.3. While we strive for accuracy in all aspects of our business, human error may occasionally occur. In the event that a product or service price has been miswritten or misrepresented, we reserve the right to amend the price after the sale or to provide a full refund if the Customer is not agreeable to the revised price. 5.4. The products offered for sale online and published on the Website are each subject to a description stating their essential characteristics. Any media illustrating the products are given for description purposes only and are in no way contractual in nature. Except for the essential characteristics specific to a product, any discrepancy between the description or any media describing the product on the Website and the reality of the product delivered to the Customer cannot be the subject of a claim or reimbursement from Wild Horizon Limited. 5.5. Wild Horizon Limited sells and delivers products based on their availability in stock. If a product that a Customer ordered is unavailable, the company will promptly notify the Customer and refund any payments already made. However, Wild Horizon Limited cannot be held responsible for any other forms of compensation to the Customer beyond the refund for unavailable products. 5.6. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same Customer account, the same credit card, and/or orders that use the same billing and/or delivery address. 5.7. We may require additional verifications or information before accepting any order. 5.8. Territorial limitations apply to the online sales offers and delivery of products purchased on the Website. These offers and deliveries are only available to Customers residing in Mauritius at present. 5.9. A sale on the Website will be irrefutably presumed to have been accepted and concluded following the process of clicking by the Consumer on the “Place Order” button.
6. Placing Orders
6.1. To place an order, the Customer should fill their Cart with the desired products and select the quantities. 6.2. Customers should click on the ‘View Cart’ button where they can view and amend the items they have selected. This includes allowing the Customer to edit the quantities of items in their cart before proceeding to checkout as well as removing any products that they may no longer be interested in purchasing. They should select their choice of delivery method and add any Coupon Code, if they qualify for any promotion. From time to time, Wild Horizon Limited may offer promotions and discounts where a Customer will be issued with a Coupon Code. All Coupon promotions come with a set of terms and conditions that will be communicated to the Customer and published on the Website. Once satisfied, they should click on the “Proceed to Checkout” button.
7. Concluding the Contract
7.1. Once the Customer has proceeded to Check-out, they should once again review the order details, total price, delivery method, billing and delivery address, and payment method, and can correct any errors or modify the order, if necessary, by pushing back on their browser to revert back and amend any of the previous steps. 7.2. To execute the contract of sale, the Customer must click on the “Place Order” button. The consequences of clicking on the “Place Order” button, constitute a binding agreement to purchase the selected items at the stated price.
8. Payments
8.1. Wild Horizon Limited currently accepts Bank Transfer, MCB Juice, Cash on Delivery, Visa and Mastercard and American Express.
8.2. Bank Transfer and MCB Juice are considered ‘non-instant’ payment methods. For non-instant payment methods, order processing will only commence once Wild Horizon Limited acknowledges receipt of the payment.
8.3. Non-instant payment methods are automatically cancelled by the system if the payment has not been received within a pre-defined period. Cancelling unpaid orders allows Wild Horizon Limited to free up its stock and meet the demands of other Customers in a timely manner.
- Bank Transfer – cancelled after five (5) banking days if payment has not been received;
- MCB Juice – cancelled after two (2) banking days if payment has not been received;
8.4. Our Website is protected by a Secure Socket Layer 2048-bit SSL protocol which ensures that all data transmitted between your browser and our Website is encrypted and secure. 8.5. We do not store Customers’ card details on our servers. Payment processing is handled by our secure payment gateway partners who are PCI-compliant and use the latest encryption technology to ensure the safety and security of Customer transactions.
9. Order Documentation
9.1. Once an order has been placed, the Customer will receive a screen message detailing the outcome of the transaction.
9.2. In the case of a successful transaction, the Customer will receive an email from Wild Horizon Limited in the form of a Transaction Receipt. This email serves as a receipt of the order placed by the Customer and includes:
- The date of the transaction, order number, mode of payment, and status of the order (Processing);
- A description of the products ordered and their respective quantity and price, along with a total amount (inclusive of taxes, if applicable);
- The delivery mode selected and the charges associated with that delivery method, along with the Customers billing address and delivery address that they designated on checkout;
- Any notes the Customer added when placing the order;
9.3. In the case of a transaction where payment is pending (a non-instant payment method, such as Bank Transfer or MCB Juice), the Customer will receive an email from Wild Horizon Limited, including the following:
- The date of the transaction, order number, mode of payment, and status of the order (Pending Payment);
- A description of the products ordered and their respective quantity and price, along with a total amount (inclusive of taxes, if applicable);
- A notification that the transaction will automatically cancel in the event that payment is not received in a pre-defined period of time. To elaborate, the system will automatically cancel Bank Wire transfers if the payment has not been received within five (5) banking days. For MCB Juice transactions, the system will automatically cancel the transaction if payment has not been received within two (2) banking days.
- The delivery mode selected and the charges associated with that delivery method, along with the Customers billing address and delivery address that they designated on checkout;
- Any notes the Customer added when placing the order;
9.4. In the case of a transaction where authorisation was unsuccessful, the Customer will receive a screen message informing them of the failure, notifying them that the purchase will not be completed. Failures can occur for various reasons, including technical issues or declined transactions due to incorrect card information or at the discretion of the Customer’s bank. In such cases, the Customer will have the opportunity to amend the details, modify their card details or select an alternate payment method and attempt the transaction again. 9.5. Wild Horizon Limited will communicate with Customers via email throughout the process, from order confirmation and processing to final delivery of the product. 9.6. The Customer can also view their order history by logging into the “My Account” section on the Website and selecting ‘Orders’ from the My Account Dashboard. 9.7. If the Customer wishes to modify an already confirmed order, they must seek Wild Horizon Limited’s express written consent. Wild Horizon Limited may refuse any request to modify an order at their discretion, and without justification, that has already been confirmed by the Customer.
9. Delivery Policy
10.1. Wild Horizon Limited aims to deliver Customer orders as quickly as possible. Delivery times may vary based on factors outside of Wild Horizon Limited’s control, such as product availability and delivery location. Wild Horizon Limited is not responsible for any delays caused by the courier or postal service. If the Customer has not received their order within the estimated delivery time, they should contact us so we can investigate. 10.2. Wild Horizon Limited reserves the right to amend delivery fees as well as delivery times at any time without prior notice. 10.3. Wild Horizon Limited currently offers Standard, Express Delivery and Free Delivery across the island and the cost thereof is borne by the Customer. The Customer can select their mode of delivery during the Check-out process.
- Standard Delivery Orders are processed within one-two (1-2) business days from the time the payment has been received and are delivered within three-five (3-5) business days once processed. The delivery cost for Standard Delivery is Rs 100.00.
- Express Delivery Orders are processed within one (1) business day from the time the payment has been received and are delivered within one-two (1-2) business days once processed. The delivery cost for Express Delivery is Rs 200.00.
- Free Delivery Free delivery is available for orders over Rs 2000.00. Orders are processed within one-two (1-2) business days from the time the payment has been received and are delivered within three-five (3-5) business days once processed. Orders must be placed online and meet the minimum purchase requirement before taxes and fees. The minimum purchase amount required to qualify for free delivery is based on the original order total before any discounts are applied through the use of coupons. Wild Horizon reserves the right to modify or cancel this offer at any time without notice. Additional fees may apply for expedited delivery on request.
10.4. Wild Horizon Limited will notify the customer of product delivery readiness. 10.5. Once the Customer receives notification that their product is ready for delivery, they must ensure that they are available to receive the delivery within ten (10) days. If the Customer fails to do so, Wild Horizon Limited may cancel the order and retain the amount paid by the Customer unless alternative arrangements are made. 10.6. Wild Horizon Limited has appointed a delivery Service Provider to deliver the ordered products to the Customer. The delivery will be made to the Customer’s delivery address as specified during the order confirmation process. 10.7. If the carrier delivers the product to the Customer’s address, the Customer must inspect the product’s condition in the presence of the delivery person. If the product is damaged or defective, the Customer must make a note of it on the delivery note or receipt and, if necessary, refuse to accept the delivery. After checking the product’s condition, the Customer, or their representative, must sign the delivery note and present a valid identification document to the carrier to confirm receipt of the product and its condition. 10.8. Delivery and transfer of risk occur when the Customer, or their representative, signs the delivery order or delivery note, at which point all risks associated with the products, including loss or damage during transport, are fully transferred to the Customer. 10.9. Unless otherwise specified on the Website, any costs related to the delivery of a product ordered on the Website, will be borne solely by the Customer.
11. Cancellation and Returns Policy
11.1. If a Customer wishes to cancel an order, they should contact Wild Horizon Limited as soon as possible by calling on 58278218 or emailing letstalk@wildhorizon.mu. Cancellations will be accommodated provided that the order has not already been processed. 11.2. Wild Horizon Limited’s products undergo a rigorous checking process prior to being dispatched, including a visual quality control inspection and the testing of electronic items. Product Size Charts are also made available to the Customer on the product page on the Website. 11.3. In the unlikely event that a product is damaged or defective upon arrival, the Customer should contact Wild Horizon Limited within five (5) days of product delivery. Refunds will only be initiated if the goods are in their original packaging, not tried on, or used in any fashion whatsoever. For hygiene reasons, we are unable to accept returns on any product that has been used or worn by a pet. 11.4. Wild Horizon Limited does not cover the cost of return delivery unless the item(s) received were defective or incorrect. 11.5. Wild Horizon Limited reserves the right to make the decision regarding the fault and will take into account the specific circumstances of each case. 11.6. Wild Horizon Limited reserves the right to amend the Cancellation and Returns Policy at any time, and without notice.
12. Privacy Policy
Wild Horizon Limited’s Privacy Policy applies to the use of the Website and its services and is incorporated by reference into these Terms and Conditions. By using the Website, you consent to the collection and use of your personal information in accordance with our Privacy Policy.
13. Force Majeure
Force majeure is any situation that is beyond the parties’ control, inevitable, unpredictable, external to them, and cannot be prevented despite all reasonable efforts. Examples of force majeure include transportation or supply disruptions, natural disasters such as earthquakes, cyclones, fires, storms, floods, lightning, telecommunication network shutdowns, and external difficulties, among others. The party affected by force majeure must inform the other party immediately upon its occurrence. Any force majeure event shall be considered a valid reason for the non-performance or suspension of obligations by the affected party.
14. Limitation of Liability
Wild Horizon Limited shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Wild Horizon Limited has been advised of the possibility of such damages), arising out of or in connection with your use of the Website, the products purchased through the Website, or this agreement.
15. Indemnification
You agree to indemnify and hold Wild Horizon Limited, its affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or your violation of any law or the rights of a third party.
16. Mediation
To address any potential disagreements, it’s recommended to reach out to the company’s Customer Support Team first. You can do so by calling +230 5821 8212 during business hours (9 a.m. to 5 p.m. on weekdays, excluding public holidays), or sending an email to letstalk@wildhorizon.mu.
17. Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of Mauritius. Any disputes arising out of or related to this agreement or the use of the Website shall be brought exclusively in the courts of Mauritius.
18. Amendments
Wild Horizon Limited reserves the right to amend these terms and conditions at any time without prior notice. It is your responsibility to review these terms and conditions periodically. Your continued use of the Website following any such amendment shall constitute your acceptance of the updated terms and conditions.
19. Entire Agreement
This agreement constitutes the entire agreement between you and Wild Horizon Limited with respect to the use of the Website and the purchase of products through the Website. Any failure by Wild Horizon Limited to enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement shall remain in full force and effect.
