TERMS OF SALES
by Madoussou Fofana Beldi
These general conditions of sale (hereinafter the “GTC”) are defined by Mrs. Madoussou Fofana Beldi, residing Route François-Louis Duvillard 2, to 1295 Tannay, Switzerland (hereinafter “MADOUSS”).
MADOUSS creates and markets in Switzerland (hereinafter the “Country”) under the Swiss brands “MADOUSS”, “CROCOLION” and registered respectively on April 26, 2021, April 28, 2021 and July 6, 2021 (hereinafter the “Brands”) of clothing (hereinafter the “Products”) through its website at www.madoussboutique. com (hereinafter the “Site”).
The T&Cs 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 buy 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 T&Cs, which are accessible on the Site by clicking on the “General Terms and Conditions” link. In the event of modification, the GCS 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 GCS.
3.Conclusion of the sales contract
3.1.Identification and creation of an account
In order to place an Order with Madoussou Fofana Beldi on the Site through the Boutique, the Customer must first provide personal and up-to-date information, such as his name, first name, company name if applicable. , postal address, e-mail address, username and password (hereinafter collectively the “Personal Data”) allowing him to create and register an account on the Site (hereinafter the “Account”) and access it by clicking on “Shop”. When creating the Account, the Customer also has the option 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 from MADOUSS BOUTIQUE an e-mail confirming his e-mail address (as a username) and his password, both of which constitute the access codes to the MADOUSS BOUTIQUE website (hereinafter the “Access Codes”).
Creating an Account allows the Customer to:
- follow its deliveries of Products and consult the history of its Orders;
- return or exchange Products;
- add or modify their delivery and billing addresses for their 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 can in no way be held responsible for any fraudulent use, loss or theft of the Customer's Account following access by a third party. In all the above cases, the Customer undertakes to inform Madoussou Fofana Beldi in writing immediately.
The Customer has complete information on the use that can be made by Madoussou Fofana Beldi of his Personal Data, in article 4 of the GCS as well as in the P. of Confidentiality.
In order to proceed with the payment of the Product(s), the Customer will be asked to confirm their acceptance of these GCS in force on the date of their Order, each time they purchase a Product on the Site. The T&Cs can be accessed by the Customer before and when he is asked to confirm acceptance of them.
The Data recorded by the Site constitutes proof of all transactions 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 is 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 the deactivation of 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 Trademarks and presented according to a category of Products (All, T-Shirt, For Her and Unisex) in the Site Shop or according to a selection of Products appearing on the reception, and to deliver them in Switzerland.
The Customer always has the possibility to check for each Product offered on the Site if the Product is available for sale. To this end, “unavailable” Products will be displayed as such after having chosen 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 confirming 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 in the corresponding sections a code and a password, which will have been sent to him beforehand by email by Madoussou Fofana Beldi. The Customer will then click on “Apply Promo Code” in order to benefit from a Price reduction on his Order.
The Customer can decide to continue shopping by clicking on “Update the Basket” and add them to his Basket (subject to availability limits) or proceed to payment by clicking on “Validate the Order”.
The Customer may also delete one or more of the selected Products from the Basket by clicking on the graphic representation of the Basket and by replacing, using the drop-down list, the quantity chosen by “0” next to the selected Product(s) and clicking again on “Update the Basket”.
3.2.2 Order acknowledgment by MADOUSS BOUTIQUE
Once the Customer has placed his Order on the Site, he receives from MADOUSS BOUTIQUE an acknowledgment of receipt of Order by e-mail and mentions the details of his Order. The acknowledgment of receipt of Order, having invoice value, 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 concerning the Customer's Order. This Order acknowledgment does not constitute acceptance thereof by Madoussou Fofana Beldi.
3.2.3 Order Confirmation by MADOUSS BOUTIQUE
After the transmission by MADOUSSOU BOUTIQUE to the Customer of the acknowledgment of receipt of the Order, including the payment by the Customer of 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 his acceptance by e-mail by sending him a detailed acknowledgment of receipt to the address provided by the Customer, indicating the total amount of the Order, the quantity of the Products purchased and information on costs and delivery times.
Madoussou Fofana Beldi reserves the right to refuse or cancel a Customer's Order, in particular in the following cases:
- Madoussou Fofana Beldi is in dispute with this Customer concerning a previous Order,
- the payment is refused by the establishment or the bank payment centre,
- Madoussou Fofana Beldi reasonably believes that this Customer has violated these T&Cs and/or the P. of Confidentiality, or that he has engaged in a 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 itself unable 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 his Order and the corresponding amount will not be debited from the Customer's bank account.
3.3. Availability of Products
The offers of Products and prices of MADOUSS BOUTIQUE are those that appear on the Site within the limits of available stocks. 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 having chosen 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, may inquire with Customer Service by telephone, or by email at email@example.com or by a message in the “Contact” section of the Site to find out its availability period. possible. The Customer will be informed by Customer Service as soon as possible and 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 Products
It is up to the Customer to verify the accuracy of the selection of the Product(s) before clicking on “Order”. While 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 rendering colors on Customers' IT equipment. Consequently, Madoussou Fofana Beldi cannot be held responsible for errors or non-substantial inaccuracies in the photographs or graphic representations of the Products appearing on the Site. In the event of questions about the Products, the Customer may of course contact Customer Service by telephone, or by e-mail at firstname.lastname@example.org or by a message under the “Contact” section of the Site.
3.5. Improper use of the Products
If the Products marketed 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 liable for damage caused by inappropriate use of its Products, as defined in the previous paragraph.
The prices of the Products for 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.
The Customer must pay separate shipping costs, in addition to the amount of the Product(s) in his Order.
Shipping costs, including packaging and delivery costs, are determined according to 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 the shipping costs is indicated in the details of the Order placed by the Customer on the Site as well as during the confirmation of the Order by MADOUSS BOUTIQUE
3.8. Secure payment
Regardless of the Customer's place of residence in the Country, payment for the Product(s) is made on the PayPal secure platform using a payment card or the Twint digital payment application. The payment cards accepted to date 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 the regulations in force, and to ensure the security and confidentiality of their information, Madoussou Fofana Beldi does not memorize the bank details of its Clients. It is therefore up to the Customer to save and print his payment certificate if he wishes to keep the payment details relating to his Order.
Payments managed by the MADOUSS BOUTIQUE Site are subject to a security system of the highest level to date: Level 1 PCI DSS 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
The Products are delivered exclusively in Switzerland and according to the choice of Madoussou Fofana Beldi either by the 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 when the order is confirmed by MADOUSS BOUTIQUE. Except for special conditions indicated on the Site when the Customer places an Order, the delivery time may vary from 3 to 21 working days from the dispatch by MADOUSS BOUTIQUE of the acknowledgment of receipt valid as confirmation of the Order.
Any default or delay in delivery exceeding twenty-one (21) working days must be reported to Customer Service by e-mail at email@example.com or via the “Contact” section. In order 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 a delay in delivery does not entitle you to any compensation.
The Customer must verify 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 at firstname.lastname@example.org . In the absence of a complaint sent to MADOUSS BOUTIQUE by the Customer within this period, the delivery is considered accepted.
If the Products, which have been the subject of an Order, do not meet the Customer's expectations, the latter may exchange them or request a refund by writing a credit in accordance with the conditions provided for in article 3.12 “Right of withdrawal”.
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 collection of the price by Madoussou Fofana Beldi. The Customer acknowledges that Madoussou Fofana Beldi has the right to register the Products, which are the subject of an Order, in the Register of ownership reservation pacts of the Customer's domicile.
On the other hand, the Customer assumes the risks in particular of loss, theft or damaged Products during transport, from the confirmation by MADOUSS BOUTIQUE of his Order in accordance with article 3.2.3 of the GTC.
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 dispatch, 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 GCS, 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 GCS, the Product must not have been worn or damaged and must be returned as is in its original packaging and undamaged.
To establish the nature, the characteristics of the Product, the Customer must only handle and inspect it in the same way as that which would be authorized in store.
Any Product that has been worn and/or damaged cannot be reimbursed by Madoussou Fofana Beldi. Reimbursement may be made if it is defective upon delivery to the Customer.
All returns will generally be subject to a rigorous quality control carried out by Madoussou Fofana Beldi in order 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 that delivered the Product(s), either La Poste 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:
Madoussou Fofana Beldi
Route François-Louis Duvillard 2
The Product(s), the return of which complies with the requirements of Madoussou Fofana Beldi set out in article 3.13.1 of the GCS as to 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 cost of sending 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 return in good and due form of the Product(s) duly validated by Madoussou Fofana Beldi at the end of the Quality Control, as defined in article 3.12.1, the total price paid will be refunded to the Customer by writing credit or the Customer may replace the returned Product with another Product of the same price of his choice.
3.13.Warranty due to defects in the thing
The Products sold on the Site by MADOUSS BOUTIQUE are subject to the conditions of legal guarantee provided for by articles 197 and ss 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 of conformity when the said Product is delivered, 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 on 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 the conditions of the right of withdrawal laid down in article 3.12 of the GCS are strictly respected.
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 email@example.com or by sending a message in the “Contact” section for any warranty claim.
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 T&Cs, or that Madoussou Fofana Beldi collects them automatically, Madoussou Fofana Beldi undertakes to make every effort to treat with the strictest confidentiality, ensure its protection and strictly use it only to carry out the Client's requests or improve the services likely to be offered to the Client on the Site.
However, the Customer may 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 firstname.lastname@example.org.
5. Force majeure
Madoussou Fofana Beldi is exonerated from any liability in the event of delays in the 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 the customs authorities. . These events do not in any way constitute a reason for cancellation of the sales contract between Madoussou Fofana Beldi and its Client. The Customer is not entitled to any compensation for the damage suffered in connection with the occurrence of one or more of these events.
Maoussou Fofana Beldi incurs no liability:
- in the event of out of stock or unavailability of the Products, as defined in article 3.3 of the GCS.
- for direct or indirect damage resulting from improper use of the Products, as defined in article 3.5 of the GCS.
- in the event of default or delay in delivery exceeding 21 days, as defined in article 3.10 of the GCS.
- in case of force majeure.
- in the event of loss, theft or damage caused to the Product during transport, or damage resulting from inadequate storage after the Product has been handed over to the Post Office or PDP, or after the Product has been delivered to the Customer or its auxiliaries .
- for direct or indirect damage resulting from access to or use of the Site or some of its elements, as well as the impossibility of accessing or using it.
- for all risks related to the installation of software that may allow consultation of the Site or for any damage resulting from transmission errors, technical faults, overloads or interruptions of communications.
Madoussou Fofana Beldi benefits from all the exclusive intellectual property rights on all the elements (drawings, models, illustrations, images, soundtracks, texts) constituting the Site, as well as all the related operating rights. The Client and any visitor to the Site are prohibited from reproducing in whole or in part, by any process whatsoever, distributing, publishing, transmitting, modifying or selling all or part of the content of the Site, or create derivative works from it.
Madoussou Fofana Beldi benefits from all the exclusive intellectual property rights on the Trademarks as well as on all other trademarks and logos linked to MADOUSS BOUTIQUE, registered or not, appearing on the Site, and all the 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 Trademarks and/or any other trademarks and logos related to MADOUSS and/or the domain name “MADOUSSBOUTIQUE.COM” for any reason whatsoever is prohibited.
The Customer 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 contained therein. The Customer and 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 the "copyright" notices (right to author) and the exclusive rights of use contained therein.
8. Applicable law/for
The rights and obligations resulting from these T&Cs, as well as from any sale to which they apply, are exclusively subject to Swiss law. Any dispute related to the execution or interpretation of these T&Cs 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.