TERMS OF SALES
from the website madoussboutique.com by Madoussou Fofana Beldi

1. General
These general conditions of sale (hereinafter the “CGV”) are defined by Madame Madoussou Fofana Beldi, residing at Route François-Louis Duvillard 2,​ in 1295 Tannay, Switzerland (hereinafter “MADOUSS”). MADOUSS creates and markets in Switzerland (hereinafter the “Country”) under the Swiss brands “MADOUSS”, “CROCOLION” and  filed respectively on April 26, 2021, April 28, 2021 and July 6, 2021 (hereinafter the “Marks”) for clothing (hereinafter the “Products”) through its website at www.madoussboutique. com (hereinafter the “Site”).

2.Scope of application
The General Terms and Conditions apply to all Products sold exclusively on the Site. The Products are exclusively intended to be sold to end consumers, natural or legal persons, browsing the Site and making a purchase of Product(s) for themselves or for a third party (hereinafter the “Customer”). The Customer declares to purchase the Products for personal, family or domestic use and not to resell them for commercial purposes. Madoussou Fofana Beldi may at any time update the General Terms and Conditions, which are accessible on the Site by clicking on the “General Conditions of Sale” link. In the event of modification, the General Conditions of Sale applicable to the Customer are those in force at the time the Customer places his order (hereinafter the “Order”), as defined in article 3.2 of the General Conditions of Sale.

3.Conclusion of the sales contract
3.1.Identification and creation of an account
In order to place an Order from Madoussou Fofana Beldi on the Site via the Store, the Customer must first provide personal and up-to-date information, such as their first name, last name, company name if applicable. , postal address, email address, username and password (hereinafter collectively the “Personal Data”) thus allowing him to create and register an account on the Site (hereinafter the “Account”) and to access it by clicking on “Shop”. When creating the Account, the Customer also has the possibility of subscribing to the Newsletter created by Madoussou Fofana Beldi, in order to be informed of the events, news or discoveries it offers.
The Customer guarantees the veracity and accuracy of his Personal Data. As soon as the Customer's Account is registered on the Site, the Customer will receive an e-mail from MADOUSS BOUTIQUE confirming his e-mail address (as identifier) and his password, which both constitute the access codes on the MADOUSS BOUTIQUE website (hereinafter the “Access Codes”).

Creating an Account allows the Customer to:

• track your Product deliveries and consult your Order history;
• return or exchange Products;
• add or modify your delivery and billing addresses for your next Orders;

The Customer also undertakes to update his Personal Data recorded on his Account.

The Client permanently ensures the secrecy and security of his Access Codes, which are strictly personal to him. He therefore undertakes never to communicate them to third parties.

Madoussou Fofana Beldi cannot under any circumstances be held responsible for any fraudulent use, loss or theft of the Customer's Account following its access by a third party. In all the above cases, the Client undertakes to inform Madoussou Fofana Beldi in writing immediately.

The confidentiality policy of the Site, accessible on the Site, is defined by Madoussou Fofana Beldi and concerns the use of the Customer's Personal Data, which he has agreed to communicate on the Site (hereinafter the “Confidentiality Policy”). ).

The Customer has complete information on the use that may be made by Madoussou Fofana Beldi of his Personal Data, in article 4 of the General Terms and Conditions as well as in the Confidentiality P.

In order to proceed with payment for the Product(s), the Customer will be asked to confirm their acceptance of these General Terms and Conditions in force on the date of their Order, during each Product purchase on the Site. The General Conditions of Sale may be accessible by the Customer before and at the time when he is asked to confirm acceptance of them.

By checking the boxes provided for this purpose, the Customer acknowledges having read, understood and accepted without reservation these General Terms and Conditions as well as the Confidentiality Policy of Madoussou Fofana Beldi, MADOUSS BOUTIQUE.

The Data recorded by the Site constitutes proof of all transactions passed between Madoussou Fofana Beldi and the Client. In the event of a conflict between Madoussou Fofana Beldi and the Customer over a transaction carried out on the Site, the Data recorded by Madoussou Fofana Beldi are considered valid proof of the content of the transaction.

The Customer may deactivate his Account at any time by sending a request to this effect by e-mail to Customer Service via the “Contact” section. After deactivating his Account, the Customer is free to create a new Account at any time.

3.2. Order terms and procedure
3.2.1 Product selection and payment
The Site allows the Customer to order from MADOUSS BOUTIQUE the Products bearing the Brands and presented according to a category of Products (All, T-Shirt, For Her and Unisex) in the Site Boutique or according to a selection of Products appearing on the page of reception, and deliver them to Switzerland.
The Customer always has the possibility of checking for each Product offered on the Site whether the Product is available for sale. To this end, “unavailable” Products will be displayed as such after choosing a “size” and “color” option for each Product offered.

Once the Customer has chosen the Product and the quantity, he clicks on “Basket” in order to place this Product in his “Basket”. Before validating the Order, it is also possible that the Customer may benefit from a “Promo Code”. If this is the case, the Customer will click on the “Promo code” tab and enter a code and a password in the corresponding sections, which will have been previously sent to them by email by Madoussou Fofana Beldi. The Customer will then click on “Apply Promo Code” in order to benefit from a Price reduction on their Order.

The Customer can decide to continue their purchases by clicking on “Update Basket” and add them to their Basket (subject to availability limits) or proceed to payment by clicking on “Confirm Order”.

The Customer can also delete one or more of the selected Products from the Basket by clicking on the graphic representation of the Basket  and by replacing the chosen quantity using the drop-down list with “0” next to the selected Product(s) and clicking again on “Update Basket”.

After clicking on “Validate Order”, the Customer must complete their Personal Data such as their last name, first name, company name if applicable, and their postal address in the “Billing Details”. The Order details appear on the same page as the “Billing Details” and the Customer can then click on “Order” after having accepted the T&Cs and the Privacy Policy.

3.2.2 Acknowledgment of receipt of Order by MADOUSS BOUTIQUE
Once the Customer has placed his Order on the Site, he receives from MADOUSS BOUTIQUE an acknowledgment of receipt of the Order by e-mail mentioning the details of his Order. The acknowledgment of receipt of the Order, having the value of an invoice, contains a reference number assigned by Madoussou Fofana Beldi, which the Customer will be asked to keep carefully (hereinafter the “Reference Number”). This Reference Number is useful for any subsequent request or search for information regarding the Customer's Order. This acknowledgment of receipt of the Order does not constitute acceptance thereof by Madoussou Fofana Beldi.

3.2.3 Order Confirmation by MADOUSS BOUTIQUE
After transmission by MADOUSSOU BOUTIQUE to the Customer of acknowledgment of receipt of the Order, including payment by the Customer for the Product(s), Madoussou Fofana Beldi will carry out the usual security and anti-fraud checks and then process the Order.

If Madoussou Fofana Beldi accepts the Customer's Order, Madoussou Fofana Beldi confirms its acceptance by e-mail by sending a detailed acknowledgment of receipt to the address provided by the Customer, indicating the total amount of the Order and the quantity of the Products. purchased and information relating to costs and delivery times.
Madoussou Fofana Beldi reserves the right to refuse or cancel a Customer's Order, particularly in the following cases:

• Madoussou Fofana Beldi is in dispute with this Customer regarding a previous Order,
• the payment is refused by the establishment or the bank payment center,
• Madoussou Fofana Beldi reasonably believes that this Customer has violated these General Terms and Conditions and/or the Confidentiality Policy, or that he has engaged in fraudulent activity,
• for any other legitimate reason, such as incomplete or incorrect information provided by the Customer.

If for any reason, Madoussou Fofana Beldi finds it impossible to execute its Order, it will inform the Customer as soon as possible. In this case, the Customer will be offered either to order another Product presented on the Site as a replacement, or to cancel their Order and the corresponding amount will not be debited from the Customer's bank account.

3.3.Availability of Products
The Product and price offers from MADOUSS BOUTIQUE are those which appear on the Site while stocks last. In addition, the Customer always has the possibility of checking for each Product offered on the Site whether the Product is available for sale. To this end, “unavailable” Products will be displayed as such after choosing a “size” and “color” option for each Product offered. In this case, the Customer will not be able to activate any click on the Basket to order the Product on the Site.

The Customer, who wishes to order an unavailable Product, can inquire with Customer Service by telephone, or by email at info@madoussboutique.com or by a message in the “Contact” section of the Site to find out their availability time. possible. The Customer will be informed by Customer Service as soon as possible by e-mail of the period from which the Product may be available again and be the subject of an Order on the Site.

3.4. Presentation of the Products
It is up to the Customer to verify the accuracy of the selection of the Product(s) before clicking on “Order”. If every effort is made to ensure that the appearance, color and pattern of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, in particular due to technical limitations in color rendering on Customers’ IT equipment. Consequently, Madoussou Fofana Beldi cannot be held responsible for non-substantial errors or inaccuracies in the photographs or graphic representations of the Products appearing on the Site. In the event of questions about the Products, the Customer can naturally contact Customer Service by telephone, or by e-mail at info@madoussboutique.com or by a message under the “Contact” section of the Site.

3.5. Inappropriate use of the Products
If the Products sold on the Site by MADOUSS BOUTIQUE include printed patterns, the material making up the printed patterns of the Products requires washing at low temperature (30° in the machine) or by hand and ironing inside out.
Madoussou Fofana Beldi will not be held responsible for damage caused by inappropriate use of its Products, as defined in the previous paragraph.

3.6.Price
The prices of Products on sale on the Site are prices in Swiss francs and do not include VAT. Madoussou Fofana Beldi reserves the right, at any time, to modify the price of its Products. The prices of the Products invoiced to the Customer upon delivery are those in force on the date of the Order and which appear on the Order confirmation by MADOUSS BOUTIQUE
Product prices do not include shipping costs.

3.7. Shipping costs
The Customer must pay separate shipping costs, in addition to the amount of the Product(s) in their Order.

Shipping costs, including packaging and delivery costs, are determined based on the weight of the Order. They amount to CHF 8.00-CHF up to 2kg and are free if the amount of the Order is equal to or greater than CHF 100.-. The amount of shipping costs is indicated in the details of the Order placed by the Customer on the Site as well as when confirming the Order by MADOUSS BOUTIQUE

3.8.Secure payment
Regardless of the Customer's place of domiciliation in the Country, payment for Product(s) is made on the secure PayPal platform using a payment card or the Twint digital payment application. The payment cards currently accepted are: Visa, MasterCard, PostFinance/PostCard, Twint or Paypal.
The Order will be considered effective after confirmation of the agreement of the bank payment center.

In accordance with current regulations, and to ensure the security and confidentiality of their information, Madoussou Fofana Beldi does not store the banking data of its Clients. It is therefore up to the Customer to save and print their payment certificate if they wish to keep the payment details relating to their Order.

Payments managed by the MADOUSS BOUTIQUE Site are subject to a security system of the highest level to date: PCI DSS level 1 certification. This international standard, established by the main market players (MasterCard, Visa) governs international payment security requirements:

• Setting up and managing a secure network
• Protection of cardholder data
• Implementation of a vulnerability management program
• Implementation of effective access control measures
• Continuous monitoring and testing of networks on a regular basis
• Establishment of an information security policy

3.9.Method of delivery
The Products are delivered exclusively in Switzerland and according to the choice of Madoussou Fofana Beldi either by Swiss Post (hereinafter the “Post”) or by DPD (hereinafter “DPD”) to the address indicated by the Customer during the Order process on the Site.

3.10. Delivery times and problems
Madoussou Fofana Beldi and its partners La Poste and PDP make every effort to respect delivery dates and times.

Delivery times are given as an indication but an estimate of this time is always communicated to the Customer upon confirmation of the order by MADOUSS BOUTIQUE. Except for special conditions indicated on the Site when the Customer places the Order, the delivery time may vary from 3 to 21 working days from the sending by MADOUSS BOUTIQUE of the acknowledgment of receipt serving as confirmation of the Order.

Any defect or delay in delivery exceeding twenty-one (21) working days must be reported to Customer Service by e-mail at info@madoussboutique.com or via the “Contact” section. For the Customer to ensure that his complaint is accepted, he must inform Customer Service in writing within a maximum period of thirty (30) days after the date of confirmation of his Order by MADOUSS BOUTIQUE. A defect or delay in delivery does not give rise to any compensation.

The Customer must check the conformity of the Product(s) at the time of delivery. Any anomalies noted (open package, Product damaged during transport, error in the references of the Product chosen by the Customer or defective Product) must be reported within 24 hours of receipt if possible on the delivery note, in the form of handwritten reservations. , accompanied by the Customer's signature and sent to Customer Service by e-mail to the address info@madoussboutique.com. In the absence of a complaint addressed to MADOUSS BOUTIQUE by the Customer within this period, the delivery is considered accepted.

If the Products, which were the subject of an Order, do not conform to the Customer's expectations, the latter may exchange them or request a refund by means of a credit entry in accordance with the conditions provided for in article 3.12 “Right to retraction”.

3.11. Assumption of risks and retention of title
The Products, which are the subject of an Order, remain the property of Madoussou Fofana Beldi until full payment of the price by Madoussou Fofana Beldi. The Customer acknowledges to Madoussou Fofana Beldi the right to register the Products, which are the subject of an Order, in the Register of property reservation pacts of the Customer's domicile.

On the other hand, the Customer assumes the risks in particular of loss, theft or Products damaged during transport, from the confirmation by MADOUSS BOUTIQUE of his Order in accordance with article 3.2.3 of the General Terms and Conditions.

In the event that a payment is not received or is canceled during processing, the Customer is responsible for the immediate return of the Product(s) to Madoussou Fofana Beldi as soon as required. The Customer fully assumes the risks, in particular of loss, theft, or damage when returning the Product(s) delivered.

3.12.Right of withdrawal
The Customer has a period of 14 working days to exercise his right of withdrawal, from the date of receipt of the Product(s) by the Customer. The deadline is met when the Product(s) are handed over to the Post Office or to PDP by the Customer, for shipping purposes, on the last day of the deadline.
In the event that the Customer's request for withdrawal does not correspond to the conditions defined by these General Terms and Conditions, Madoussou Fofana Beldi will be released from the obligation to return the sale price of the Product(s) paid by the Customer.

3.12.1.Return of the Product and its packaging as is
When the Customer wishes to return the Product ordered without exchanging it or if he wishes to exchange it for another Product, or if there is an error in the references of the Product chosen by the Customer, as defined in article 3.13 of the General Terms and Conditions, the Product must not have been worn or damaged and must be returned as is in its original and undamaged packaging.
To establish the nature and characteristics of the Product, the Customer must only handle and inspect it in the same manner as that which would be authorized in store.
Any Product that has been worn and/or damaged cannot be refunded by Madoussou Fofana Beldi. Reimbursement may be made if it is defective upon delivery to the Customer.
All returns will generally be subject to rigorous quality control carried out by Madoussou Fofana Beldi to ensure that the returned Product complies with its return requirements (hereinafter the “Quality Control”).

3.12.2.Return procedure
The Product(s) must be returned by the same entity as that which delivered the Product(s), either the Post Office or PDP. The return of the Products must be made using the return slip attached to the delivery, duly completed and signed by the Customer and accompanied by a copy of the invoice that the Customer received by email at the following address:

MADOUSS BOUTIQUE
Madoussou Fofana Beldi
Route François-Louis Duvillard 2​
1295 Tannay

The Product(s), the return of which complies with the requirements of Madoussou Fofana Beldi set out in article 3.13.1 of the General Terms and Conditions regarding the condition of the Products and packaging, must be returned exclusively by the same entity as that which delivered the or the Products, either the Post Office or PDP.
The Customer will bear the shipping costs of the Product(s) returned by post or PDP except in the case of a defective Product.
If the Product(s) are not returned in good condition, Madoussou Fofana Beldi will invoice the Customer for the loss of value incurred.
In the event of proper return of the Product(s) duly validated by Madoussou Fofana Beldi following the Quality Control, as defined in article 3.12.1, the total price paid will be reimbursed to the Customer in writing. credit or the Customer may replace the returned Product with another Product of the same price of their choice.

3.13.Guarantee due to defects in the item
The Products sold on the Site by MADOUSS BOUTIQUE are subject to the legal guarantee conditions provided for by articles 197 et seq. of the Swiss Code of Obligations (CO), to the exclusion of all other guarantees.
Madoussou Fofana Beldi will deliver to the Customer a Product that complies with the sales contract and is free from defects in conformity upon delivery of said Product, in the sense that the Product will be suitable for the use usually expected of a similar good and that it will present the characteristics presented during the sale.
In the event of lack of conformity of the Product (anomaly or error in the references of the Product chosen by the Customer or defective Product), the latter may return it to Madoussou Fofana Beldi and obtain either reimbursement by a credit entry or its replacement, provided however that you strictly respect the conditions of the right of withdrawal set out in article 3.12 of the General Conditions of Sale.
The costs of returning Products are borne by Madoussou Fofana Beldi, who will organize the return itself provided that the Customer has notified it in advance and in writing.
The Customer may contact Customer Service by telephone, e-mail at info@madoussboutique.com or by sending a message in the “Contact” section for any warranty-related complaints.

4.Protection of personal data
Whatever the nature of the Customer's Personal Data, which he has communicated to MADOUSS BOUTIQUE either in application of these General Terms and Conditions, or whether Madoussou Fofana Beldi collects them in an automated manner, Madoussou Fofana Beldi undertakes to make every effort to treat it with the strictest confidentiality, ensure its protection and strictly use it only to carry out the Client's requests or improve the services that may be offered to the Client on the Site.
The Customer may, however, at any time exercise his right of access, rectification or opposition to his Personal Data from his Customer Account or by writing an e-mail to Madoussou Fofana Beldi at the address info@madoussboutique.com.

5. Force majeure
Madoussou Fofana Beldi is exempt from any liability in the event of delays in delivery of the Products resulting from events beyond its control, such as a case of force majeure, traffic jams, extreme weather conditions or the detention of the Products by customs authorities. . These events do not in any way constitute grounds for cancellation of the sales contract between Madoussou Fofana Beldi and its Client. The Customer is not entitled to any compensation for damage suffered in connection with the occurrence of one or more of these events.

6. Responsibility
Maoussou Fofana Beldi incurs no liability:

• in the event of stock shortage or unavailability of the Products, as defined in article 3.3 of the General Terms and Conditions.
• for direct or indirect damage resulting from inappropriate use of the Products, as defined in article 3.5 of the General Terms and Conditions.
• in the event of a defect or delay in delivery of more than 21 days, as defined in article 3.10 of the General Terms and Conditions.
• in the event of force majeure.
• in the event of loss, theft or damage caused to the Product during transport, or damage resulting from inadequate storage after delivery of the Product to the Post Office or to PDP, or after delivery of the Product to the Customer or its agents .
• for direct or indirect damage resulting from access or use of the Site or certain of its elements, as well as from the inability to access or use it.
• for all risks linked to the installation of software which may allow consultation of the Site or for any damage resulting from transmission errors, technical defects, overloads or interruptions of communications.

7.Intellectual property
Madoussou Fofana Beldi benefits from all exclusive intellectual property rights over all elements (designs, models, illustrations, images, soundtracks, texts) constituting the Site, as well as all operating rights relating thereto. The Client and any visitor to the Site are prohibited from reproducing in whole or in part, by any means whatsoever, from distributing, publishing, transmitting, modifying or selling all or part of the content of the Site, or from create derivative works from it.
Madoussou Fofana Beldi benefits from all exclusive intellectual property rights over the Brands as well as all other brands and logos linked to MADOUSS BOUTIQUE, whether registered or not, appearing on the Site, and all exclusive operating rights relating thereto. Madoussou Fofana Beldi is the holder of the domain name “MADOUSSBOUTIQUE.COM”. Any reproduction, distribution, transmission, modification or use of the Brands and/or any other brands and logos linked to MADOUSS and/or the domain name “MADOUSSBOUTIQUE.COM” for any reason whatsoever is prohibited.
The Client and any visitor to the Site are prohibited from deleting any work appearing on the Site and protected by copyright, Trademarks, other signs or any content appearing there. The Customer as well as any visitor to the Site may make a single copy of the Internet pages published on the Site for their private, personal and non-commercial use, provided that any copy of these Internet pages retains all notices of “copyright” (right of copyright). 'author) and exclusive exploitation rights which appear therein.

8.Applicable law/for
The rights and obligations resulting from these General Terms and Conditions, as well as from any sale to which they apply, are subject exclusively to Swiss law. Any dispute relating to the execution or interpretation of these General Terms and Conditions or any sale to which they apply will be subject to Swiss law, whether this dispute is of a contractual or tort nature.
The exclusive jurisdiction is that of the Courts of the Canton of Vaud, seat of Madoussou Fofana Beldi, appeals to the Swiss Federal Court being reserved.A