- These Terms and Conditions of Sale govern all sales between:
- MADIKA EIG, Economic Interest Grouping with share capital 960.000
FCFA and registered in the Commercial Register … …………………………………………………………………………………………………………………………………………………………………………………………
social is Yaoundé. BP 896 Yaoundé- Cameroon.
- Any person placing an order on the Website: www.madika.fr hereinafter referred to as “the Customer”
Plan
Preamble
– Article 1: Purpose
– Article 2: General
– Article 3: Product and price characteristics
– Articles 4: Orders
– Article 5: payment
– Article 6: Delivery
– Article 7: Retention of title and transfer of risks
– Article 8: right of withdrawal
– Article 9: guarantees
– Article 10: customer relations
– Article 11: Use of personal data
– Article 12: Management of cookies
– Article 13: Intellectual Property
– Article 14: Liability
– Article 15: force majeure
– Article 16: Applicable law/claims, mediation and disputes.
Preamble
Prior to any transaction, the Client acknowledges having read it and expressly declares its acceptance as soon as it tick the box “I have read and accept the General Conditions of Sale on www.madika.fr without reservation and I have taken note of my right of withdrawal”
The Seller and the Customer agree that their relations are governed exclusively by these General Terms and Conditions of Sale as visible on www.madika.fr (hereinafter referred to as “the Site”) at the time of the order. The Seller is specialized in the remote sale of organic or ecological products or belonging to the field of well-being.
It also sells its products in shops and remotely via its website www.madika.fr, hereinafter referred to as the “Site”.
All products sold by the Seller are listed on the Site which is accessible by the Customer 24 hours a day, 7 days a week, all year round except in case of maintenance operations
Article 1. Purpose
The General Terms and Conditions of Sale are intended to describe the terms and conditions of remote sale of goods and services between the Seller and the Customer. They express all the obligations and rights of the Parties. The Client has the right to safeguard and/or print them.The Terms and Conditions apply without restriction or reservation to all products offered on the Site (hereinafter referred to as “Products”), regardless of their nature. In case of contradiction between these General Conditions of Sale and any other document on the site, including the quality charter or equivalent document, the General Conditions of Sale prevail. If one or more of the stipulations herein are declared null and void as a result of a regulation or final decision of a court of competent jurisdiction, this shall not affect the validity or binding force, nor the scope of the other clauses of these General Conditions of Sale.
Article 2. General Information
2.1. Client’s full legal capacity
Under the General Conditions of Sale, a Customer is any natural person who is at least eighteen (18) years old or who has the authorisation of the authorised person on the date of the validation of his order.It is stated for all practical purposes that any order placed on the Site must correspond to the normal needs of a household and that the sale of alcohol to persons under the age of eighteen (18) years is prohibited.
The Customer is a consumer, that is to say that he acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity. By checking the box “I have read and accept the General Terms and Conditions of Sale of www.madika.fr without reservation and I have read my right of withdrawal”, the Customer acknowledges that it has full legal capacity to engage under the General Terms and Conditions of Sale.
2.2. Client identification via a password
During the first order, and in order to customize its environment, an email address and password must be entered by the Customer. A uniqueness and email address check is performed by the system. If the password is lost, the Customer can click on the “forgotten password” section and enter their email address in order to receive a new password to their email address. The password is in no way used to make any payment. It is confidential and is requested from the Client at each connection to the Site. He is solely responsible for its use.
2.3.Scope, enforceability and duration of the General Conditions of Sale
The Customer acknowledges having read the General Conditions of Sale and expressly declares to accept them.This acceptance is given to each order as soon as the Customer tick the box “I have read and accept the General Terms of Sale of www.madika.fr without reservation and I have read my right of withdrawal”. It accepts without reservation all the stipulations provided for in these Terms. The fact that the Seller does not avail itself of a clause of these General Conditions of Sale at any time, may not be interpreted as constituting a tacit waiver to invoke it later. The General Conditions of Sale are those in force on the Site on the date of the validation of the order by the Customer. They shall be valid for the period necessary for the supply of the goods and services subscribed, until their guarantees expire. The Customer is responsible for the implementation of all technical means (IT and telecommunication) to enable it to access the Site.
2.4.Evidence
Unless the Customer provides evidence to the contrary, the Seller’s automatic registration systems shall be considered as proof of the nature, content and date of the sales contract.
2.5. Modification of the General Conditions of Sale
The Seller reserves the right to adapt or modify the General Conditions of Sale at any time. In the event of modification of these terms and conditions, each order shall be subject to the General Terms and Conditions of Sale in force on the day of the order. The Customer is invited to visit the Site regularly to keep abreast of developments.
Article 3. Product and price characteristics
3.1. Consultation of product characteristics
The Seller presents the products and services and their detailed description on his Site so that the Customer can become aware of their essential characteristics before taking final order. At the time of placing the order, the Customer acknowledges having taken note of the special conditions of sale stated on the screen (price name, components, weight, quantity, colour, product characteristics, cost of services and limitation of certain categories of products) and expressly declares its acceptance without reservation.
For all products, and in particular for cosmetic and/or health-related products, the Customer determines its choice in the light of the essential characteristics of the products, given the specificities that are personal to him. The Customer acknowledges and confirms that it is the sole judge of the relevance of the products in light of any contraindications that may be personal to him, as well as their compatibility with any other products that it would use or treatments that it would be subject to, so that the choice of products ordered is carried out under its sole responsibility. It is the sole responsibility of the Client to obtain the assistance of counsel if it does not consider itself sufficiently informed.
3.2. Product availability/validity of the offer
Product offers and prices on the Site are valid as long as they are visible and available. Any product temporarily unavailable is indicated as such on the Site (= the addition to the basket is not effective).
Simply adding an item in your shopping cart is not worth validating the order. The Seller ensures that all necessary efforts are made to ensure the availability of the entire range of products and services offered. However, all or part of the quantity of a product added to the basket may no longer be available at the time of order validation. If this is the case, the Customer is informed directly and before any payment of said order.
3.3. Price
The prices displayed on the Site are determined by the Seller. They do not include participation in the shipping costs.The shipping costs are charged in addition to the Customer. They are indicated before the validation of the final order.The amount of taxes may change in case of delivery abroad: in this case, the new amount is indicated to the Customer in the summary page of the order.
The price indicated in the summary of the Customer’s order is the final price. It includes the total price of the order with the detail of each product as well as the delivery costs.Products are invoiced on the basis of the prices in force at the time of order registration. The goods shall remain the property of the Seller until the full payment of the price. The sale of products is subject to VAT in accordance with the terms and conditions applicable to the transaction, which may differ depending on the place of delivery and the nature of the goods.The validation of the order by payment means acceptance of the TTC price of the product as well as the amount of VAT at the rate shown on the order summary.
Article 4. Order
4.1. My Account Section
4.1.1. Creating the account
To make purchases on the Site, the Customer shall, in advance, create a customer account. It is created exclusively on the Site, either before any purchase by clicking on the link “create my account”, then on “create your account”, or before the payment of its first order.
To create his account,
– the Customer informs his civility,
– his surname, – first name,
– telephone number,
– e-mail address,
– exact delivery address (floor, town, villa number or street).
– They also enter their email address and choose a password.
These items are confidential. The Customer is solely responsible for the consequences of using his account until it is deactivated. It is committed to providing genuine and sincere information. Furthermore, it undertakes to inform the Seller of any change in the said information. This information is necessary for order management as well as for the commercial relationship between the Seller and the Customer. The Customer who does not provide all this information does not need to create his account. The Seller presents a summary of the information provided to the Customer and an e-mail containing this information is sent to him.The Seller is not responsible for the entry errors and the consequences that result (delay and/or delivery error). In this context, the costs incurred for the redirection of the order shall be borne by the Customer.
4.1.2. Use of the account
The Customer has the possibility to view the details of his current order by clicking on “cart” then “I access my cart”. The history of orders and invoices can be viewed at any time on the Site under the heading “order tracking”. Where the contract is concluded electronically and relates to an amount equal to or greater than F CFA 200,000 (EUR 305), the Seller shall keep the contract for a period of ten (10) years from its conclusion when delivery is immediate, or from the date of delivery when delivery is not immediate. The Seller shall guarantee access at any time to the person who has signed it if the latter so requests. The Customer can access the archived sales concerning him by making the request by e-mail to contact@madika.fr or by post box to 896 Yaoundé.
4.1.3. Deactivating the account
In the event that the Customer does not comply with these General Terms and Conditions of Sale, the Seller reserves the right to deactivate, by operation of law and without compensation, the Customer’s account without having to comply with notice, after the sending of an e-mail or formal notice addressed by registered letter with acknowledgement of receipt which has not been effective for thirty (30) days. In the event of a breach or a serious and significant fault of the Client, the deactivation of the account shall take place as of right, without notice, formality or compensation.
4.2. Validation of the order by the Customer
The Customer places his order in accordance with the information given on the Site. This is the subject of a summary which contains all the elements. The Customer validates it by clicking on the “I finish my order” icon. The simple fact of adding a product in the basket is not worth validating the order. Any order that is not validated cannot be honoured. The Seller recommends that the Customer keep a record of the data relating to its order on a reliable paper or computer medium.
4.3. Confirmation of the order by the Seller
The Seller confirms that the Customer’s order has been taken into account by sending an automatic e-mail containing the essential characteristics of the product ordered, the indication of the TTC price, where applicable, any difficulties or reservations relating to the order placed.Failure to pay shall constitute cancellation of the order by the Seller within the time limits and shall not be regarded as confirmation and acceptance of the order.
Article 5. Payment
The Customer explicitly acknowledges its obligation to pay when the order is validated. By clicking on “pay to order”, he acknowledges that placing an order results in the payment of the order. The sums collected are not considered as deposits or instalments. Only the means of payment described below are accepted on the Site:
5.1. Orange or MTN Money Transfer
The Seller accepts payments by transfer ORANGE MONEY, MTN MONEY and by cash or deposit into the account in the bank account of MADIKA. The Customer shall fill in the payment references. On the day of the validation of the order, the payment is made and follows the shipment of the order (except drop). For any order a communication by SMS or phone call can be made.
5.2. Cheque
Payment of the products can be made by cheque. In this case, the Products are shipped only after receipt of the cheque.Upon receipt of the said cheque, the Seller reserves the right to collect and issue reserves for a period of 10 days. The Customer makes his cheque payable to MADIKA-EIG. He enters his order number on the back of his cheque and sends his payment to the following address:
MADIKA-EIG
BP 896 Yaoundé
Attention of the Accounting Department.
5.3. Failure to Pay
The Customer warrants to the Seller that the means of payment used is valid and is not the result of a fraudulent transaction. In the case of an order that has not been fully or partially settled by the Customer, the Seller undertakes to inform the Customer by e-mail and ask it to remedy it. In the absence of a reply or a solution before the delivery date of the order, the Seller reserves the right to refuse to make a delivery, to honor an order, or cancel all orders in progress or suspend the Customer’s account.The Seller is authorized to suspend any order or delivery in the event of refusal of authorization by the financial institutions.
Article 6. Shipping
6.1.General Information
The delivery of the order is carried out by third-party transport providers authorised by the Seller, hereinafter referred to as the Deliverer. The products are delivered to the delivery address indicated by the Customer during the order process. He undertakes to receive the products at the address indicated on the purchase order.Delivery means the transfer to the Customer of physical possession or control of the property. It is the Customer’s responsibility to verify the accuracy of the information entered before the validation of the order (complete address as described in 4.1.1 hereof). In the event of an error in the wording of the contact details, the Seller cannot be held responsible for the impossibility of delivering the order. Delivery costs incurred for this delivery are not refunded to the Customer.However, the Customer may contact the MADIKA-EIG Customer Service by e-mail at madika and choosing as the subject of the question: “a change of address?”.
6.2.Conditions of delivery
Delivery takes place in the presence of the Customer or any person authorised to receive the goods. It is carried out within the limits of ownership (or of co-ownership if the place of delivery is in a co-ownership). The Deliverer is not required to enter the Customer’s home upon delivery of the order. It is the Customer’s responsibility to check prior to ordering, in particular in light of the product specifications in terms of weight and volume size, that these can be delivered through the normal access routes to the delivery point. As delivery is carried out by a professional carrier, the place of delivery must be accessible to the vehicles provided for this purpose and this up to the limit of ownership or the condominium. In case of non-accessibility by this type of vehicle, the Customer undertakes to recover the goods at an attainable collection point.The Seller reserves the right not to follow up on an order issued by a Customer that cannot justify its delivery address on simple request from the Customer Service or the Deliverer. The Customer agrees to prove its identity in the event of a request from the Deliverer, by an official identity document in force and, if necessary, by communicating the order number. In the event that the Customer is unable to receive the order itself, it is up to him to mandate a third party with a power of attorney and a photocopy of the identity card of the said Customer.No request for delivery of parcels may be honoured if the conditions indicated above are not complied with by the Customer. In the event of delivery to the Customer’s place of work, the Deliverer does not have access to the premises, the Customer shall take all necessary precautions so that the Deliverer may deliver the order to it and the Customer may receive it.The Seller shall not be held responsible for the delivery of the order to a third party present at the address of delivery declared by the Customer upon validation of the order.Upon delivery of the order to the Customer at the address indicated and after signature of the delivery slip by the Customer, the Seller has fulfilled its delivery obligation. The Seller hereby disclaims all liability in the event of loss or theft. Following two (2) unsuccessful presentations at the Customer’s home, due to his absence, the order is cancelled and refunded, net of the travel expenses of the second presentation.
6.3.Delivery charges
Delivery charges are calculated automatically and indicated at the time of choice of delivery mode. The amount of delivery costs varies depending on the amount of the basket and the place of delivery. Tariff indications covering Cameroon are given by our partners: DHL et al and on the page https://www.madika.fr/informations-livraisons/
6.4. Receipt of products
The delivery time is indicated to the Customer when placing his order and before its validation. The delivery date depends on the availability of the products (which may vary depending on each product) as well as the chosen delivery method. The Customer has two (2) modes of delivery, namely delivery in relay point or at home.
6.5.Management of disputes and return of products
In the event of a dispute, the original packaging must be kept until the dispute is resolved. The Seller advises the Customer to inform the Customer Service within a maximum of 24 hours of delivery. In the event of an incident during delivery, the Customer is invited to contact the Seller’s Customer Service Department in order to indicate the damage that occurred during delivery. The Seller recommends to the Customer to confirm, within 24 hours, the incident by e-mail to the Seller’s Customer Service by e-mail service.client@madika.fr “I have a question about an order already placed”. To this end, the Seller’s Customer Service Department shall contact the Customer to establish any terms and conditions for repairing the damage. The Seller undertakes to reply to all requests or claims within a maximum of ten (10) days from the date of receipt thereof.
6.6.Time of delivery
Except in cases of force majeure, fortuitous cases or caused by a third party, the Seller shall respect the delivery times indicated to the Customer when placing the order. In the event that the deadlines cannot be met, the Customer is automatically informed by the Seller, by any means, in particular by e-mail, SMS or telephone. In the event of a delay in delivery, the Seller suggests to the Customer to inform him of this delay by contacting the Customer Service in order to agree together on the best solution
Article 7. Retention of title and transfer of risks
It is agreed that the products delivered and invoiced to the Customer shall remain the property of the Seller until the full payment of their price. Failure to pay may result in the Seller claiming the Products.The above provisions shall not prevent the transfer to the Customer of the risks of loss or deterioration of the products, as well as of the damage they could cause.
Article 8. Guarantees
The Seller undertakes to provide the Customer with a good or service in accordance with its request. In any case, the Customer may avail himself, for tangible goods, of the legal guarantee of compliance provided by the Consumer Code provided for in the regulations in force from the Seller contact@madika.fr.
Article 9. Customer Relations
For any question, information or complaint, the Seller’s Customer Service is available to the Customer
by telephone on +237 694.701.51
By email: service.client@madika.fr
By mail to: GIE-MADIKA – BP 896 Yaoundé-Cameroun
Article 10. Protection of personal data
WHO PROCESSES YOUR DATA?
The MADIKA-EIG, is an Economic Interest Group with share capital of 950,000 CFA francs (1,447 euros) and registered in the Commercial Register under the number … ………………………………………………… headquartered in Yaoundé, 1 rue Parc Repiquet. MADIKA-EIG processes the data collected concerning you, and is responsible for the processing of personal data for any data collection concerning you in connection with the services offered by MADIKA.
FOR WHICH FINALITES DO WE COLLECT AND PROCESS YOUR DATA?
GIE-MADIKA collects and processes the data concerning you for the purposes listed below and detailed below: In the first place, they are used for customer relationship management purposes and to enable us to better interact with our customers, to optimize the user experience or to respond to requests and possible complaints from our customers.
- These treatments include, but are not limited to:
The possibility to create an account,
management of your consents and authorisations concerning the use of your personal data in particular for the sending of newsletters and commercial solicitations by electronic means,
Allow you to benefit from MADIKA services, order products and services, track your orders and their invoicing, sign up for newsletters, etc.
Acknowledge your loyalty customer status, as soon as you wish to tell MADIKA, and if this information is requested. Being reminded here of the use of your personal data by the MADIKA loyalty program are the subject of specific terms of use for the loyalty program.
- the collection of your comments and opinions;
the management of communications and the monitoring of our exchanges, particularly in the context of possible disputes (especially via customer service accessible for example by telephone, chat-type instant messaging. these exchanges can be recorded for the purpose of improving the service),
the management of your requests related to the exercise of rights including access, rectification, and opposition, which you benefit from under the regulations on personal data;
the management of product recalls initiated by suppliers or the sending of various information or documents relating to them;
- to draw up analyses or statistics in response to surveys or requests carried out by bodies of public interest, or administrations, or administrative or judicial authorities (for example in cases of food risk),
to trace and administer the evidence that Madika must report in accordance with its legal or regulatory obligations or for the purposes of litigation management (ex: necessary evidence concerning the exercise of your rights, evidence relating to your orders)
the management of any litigation, particularly related to the recovery of any amounts you may owe us, and the management of payment incidents,
- to comply with our legal or regulatory obligations applicable to the activity of the MADIKA-EIG (e.g., to respond to requests from the tax administration).
Your data may also be used to carry out business prospecting operations, or studies to improve customer knowledge and the services that MADIKA can offer its clients. Your data may thus be used, in compliance with any authorizations you may have granted us:
- to send you promotional messages or advertisements, personalized or not, by post or electronic, including by mobile notifications, according to your profile,
to analyse your use of the services (including your online browsing and your reactions to emails), so that we can get to know you better, appreciate the value of the Services offered and the messages we send you and offer you offers, content and services adapted to your profile;these analyses will be carried out in compliance with any authorizations you may have granted us, particularly in the case of the use of cookies or other tracers.
Article 11. Intellectual property
The texts and graphic elements, their assembly in the Site, and the Site itself are the exclusive property of the Seller and are protected under the applicable copyright legislation. The logos, distinctive signs of the Seller are protected under trademark law.
Any deterioration of the elements present on the Site or the Site, as well as, in the absence of express authorization, any reproduction, download, copy, modification, commercial use, all or part of the various elements of the Site are prohibited and expose its perpetrators to prosecution.
- The Terms and Conditions of Sale do not authorize the reproduction, modification or commercial use of the various elements of the Site.
By accessing this Site, Seller grants a license to use the following conditions:
a right of private, personal and non-communicable use on the content of the Site or any of its components,
a reproduction right for storage for the purpose of reproduction on a single screen, in one copy, for a backup copy or a paper copy,
any use of documents from the Site must mention its source.
Any other use is prohibited, including commercial uses, network use, the repeated and systematic extraction of elements of the site in contravention of the provisions of the Law in force in Cameroon, on the legal protection of databases. Any use of the Site in contradiction with the provisions of this article constitutes an offence of infringement, of which the person who has committed such an offence (“Counterfeiter”) may be held accountable. Civil and criminal sanctions may be imposed against any infringer.
Article 12. Liability
12.1. General Information
The product detail sheet is the only contractual source. The Seller may absolve himself of all or part of his liability by providing proof that the non-performance or improper performance of the contract is attributable either to the Customer; The fact that one of the Parties does not invoke a failure of the other Party to any of the obligations referred to herein shall not be interpreted for the future as a definitive waiver of the Party not–failing to comply with the obligation in question.
12.2. Operation and use of the site
The Seller is only bound by an obligation of means with regard to the
operation and continuity of the Site. The Seller can in no way guarantee that it will function without interruption. The Customer acknowledges that the Seller cannot be held liable for any interruption or slowdown of the Site or for any damage related to:
- a fraudulent intrusion or retention of a third party in the Site, or the illegal extraction of data, despite the implementation of means of security consistent with the current data of the technique, in the light of known techniques for securing
an interruption in the supply of electricity or transmission lines due to public or private operators;
at speeds of access to the Site, in particular from other Internet sites, speeds of opening and viewing of Site pages, slowdowns
external, suspension or inaccessibility of the Service,
- the fraudulent use by the Customer or third parties of all information made available on the Site,
facts due to a case of force majeure, an administrative authority, or facts of third parties, as defined by case law and in particular the public or private Internet network, which may, where appropriate, result in the suspension or termination of the Service,
- if the service offered by the Site proves to be incompatible or has malfunctions with certain software, configurations, operating systems or equipment that you use.
The Customer is solely responsible for the use of the service offered by the Site and the information or content to which it accesses. The Site reserves the right, without notice or compensation, to temporarily or permanently stop a service or all services offered from the Site. It is the Customer’s responsibility to protect its technical equipment, in particular against any form of virus contamination and/or attempted intrusion and to make any backup of its data, the Site may not
be held liable. The Site reserves the right to make any changes or improvements it deems necessary or useful.The Site may contain hyperlinks to other websites, which are subject to their own rules of use and in particular concerning the use of the Client’s personal data. The Client is advised to take note of the rules of use of these sites and in particular those applicable to its personal data. The Site makes no commitment concerning these other Internet sites to which the Client may have access via the Site, particularly as regards their content, their operation, access to these sites and the use of their personal data by them. The creation of hyperlinks, deep or not, to the Site is strictly prohibited.
Article 13. Force majeure
Those events of force majeure which, unpredictable and irresistible, make impossible in an absolute way, the performance of the contract of sale under the conditions provided.All events of force majeure, as defined by the regulations and jurisprudence, constitute a cause of suspension or extinguishment of the Seller’s obligations, if the event extends beyond one (1) month.
Seller shall not be held liable for the non-performance of the contract entered into in the event of any of the above events.
Article 14. Applicable Law/Claims, Mediation and Litigation
The General Conditions of Sale are subject to Cameroonian law, unless otherwise provided by law. In the event of disputes, the Customer may first contact the Seller’s Customer Service Department in order to seek an amicable solution.
In the absence of an amicable agreement between the Parties, the dispute will be submitted to the courts of Yaoundé, unless otherwise provided by law.
