Terms of Use — Yewaan

Introduction

Welcome to Yewaan, the marketplace dedicated to authentic African craftsmanship. Yewaan connects artisans from Togo and the wider West Africa sub-region with art lovers, ethical fashion enthusiasts, and handmade creation fans around the world.

The Yewaan platform is published and operated by Niten (Niten Software) (hereinafter "Niten", "we" or "our"), reachable at niten.dev. The marketplace is accessible at yewaan.com.

By accessing and using the platform — whether as a Buyer or an Artisan — you unreservedly accept these Terms of Use ("ToU"). If you do not accept them, you must cease using the Services.

1. Parties and Definitions

• "Yewaan": refers to the marketplace platform and its services.
• "Niten": refers to the publisher and operator of the Yewaan platform (Niten Software).
• "Artisan": any natural or legal person who has created a validated Artisan account on the platform in order to list and sell their creations.
• "Buyer": any person who browses the platform or places an order.
• "Services": all features offered by Yewaan (online shop, Artisan dashboard, messaging, marketing, order tracking, etc.).
• "Product": any handcrafted item (jewellery, clothing, decorative object, leather, fabric, etc.) listed for sale by an Artisan on the platform.
• "Order": the act of purchase formalised by a Buyer on the platform.
• "Escrow": the escrow mechanism by which the funds of a sale are held by Yewaan until the Buyer confirms successful delivery.
• "KYC/KYB": identity verification procedures (Know Your Customer / Know Your Business) to which Artisans are subject.

2. Eligibility and Account Creation

2.1 Eligibility Requirements

To use the Services, you must:

• Be at least 18 years old and have the legal capacity to enter into a binding contract.
• Provide accurate, complete and up-to-date information upon registration.
• Maintain the confidentiality of your login credentials.

By registering, you represent and warrant that you meet these requirements.

2.2 Account Security

You are solely responsible for the security of your account and password. You agree to immediately notify us of any unauthorised use of your account at contact@yewaan.com. Yewaan shall not be held liable for losses resulting from a failure to comply with this obligation.

2.3 Artisan Account

To sell on Yewaan, you must create an Artisan account and complete a multi-step verification process:

1. Professional information: shop name, biography, specialities.
2. Location: address, city, region, country.
3. Online presence: website and social media (optional).
4. KYC (identity verification): submission of a valid official identity document (national identity card, passport or driving licence). Validation is carried out by the Yewaan team. Your Artisan account is only activated after full validation.

3. Platform Role and Commercial Relationship

3.1 Marketplace Model

Yewaan is a marketplace: it connects independent Artisans with Buyers. Yewaan is not the manufacturer of the Products. Artisans remain the sole owners of their creations and their intellectual property rights.

3.2 Artisan Responsibilities

By listing a product on Yewaan, the Artisan undertakes to:

• Describe their products accurately (photos, materials, dimensions, production lead times).
• Manufacture and ship orders within the announced timeframes.
• Provide product-specific support (technical questions, customisations).
• Ensure that their products do not violate any applicable law or any third-party right.

3.3 Payment Processing

Yewaan manages payment processing on behalf of Artisans via an authorised payment service provider. Funds collected from Buyers are held in escrow until delivery is confirmed, then paid out to the Artisan net of applicable commissions and fees.

4. Purchase Conditions for the Buyer

The conditions applicable to any order (price, payment, delivery, returns, escrow) are set out in the Terms of Sale (ToS).

By placing an order, the Buyer authorises Yewaan to debit the registered payment method (Mixx By Yass or Flooz) for the total amount displayed at the time of payment, including the price of the products and applicable delivery charges, and declares unreserved acceptance of the ToS.

5. Commissions, Fees and Artisan Payouts

5.1 Platform Commissions and Fees

Yewaan deducts the following fees automatically from the Artisan's earnings:

Yewaan reserves the right to amend these rates upon reasonable notice communicated via the Artisan dashboard or by email.

5.2 Net Revenue Calculation

The net revenue paid to the Artisan corresponds to the Product's sale price, less:
- The platform commission (12%)
- The transaction fee (4%)
- Any deduction related to a refund, dispute or account deficit

5.3 Payout Schedule

Payouts are made every Wednesday to the bank account or payment method designated by the Artisan in their dashboard. The total payout amount is capped at the equivalent of 250,000 XOF (or the equivalent in local currency) per calendar week.

To trigger a payout, the Artisan must submit a payout request from their dashboard. This request automatically generates the corresponding invoice, which is submitted to Yewaan for validation.

5.4 Escrow System

The buyer-side escrow mechanism is detailed in the ToS (section 5.4). On the Artisan side:

• Upon payment confirmation: funds are placed in escrow.
• Upon delivery confirmation: funds are released to the Artisan's balance.
• In the event of cancellation or refund: escrowed funds are returned to the Buyer.

Escrowed funds and available funds are visible in the Artisan's space.

5.5 Compliance Review and Payout Withholding

Yewaan reserves the right to withhold all or part of a payout if:

• Fraud or a breach of these ToU is suspected.
• Product quality issues affecting multiple orders are identified.
• The Artisan's KYC/KYB file is incomplete or expired.
• A dispute or chargeback is ongoing on the affected orders.

5.6 Account Deficit

If an Artisan's dashboard balance becomes negative (refunds or disputes exceeding available revenue), this deficit constitutes a debt owed to Yewaan that the Artisan undertakes to settle within 7 days.

6. Refunds and Disputes

6.1 Returns and Refunds (Buyer)

The timeframes, conditions and return procedures applicable to the Buyer are defined in the ToS (section 7).

6.2 Impact of a Refund on the Artisan

In the event of a refund validated by Yewaan, the corresponding amount is deducted from the Artisan's balance. Commissions and transaction fees charged at the time of the original sale are non-refundable and remain the Artisan's responsibility.

6.3 Chargebacks

A chargeback occurs when a Buyer disputes a payment directly with their bank. When a chargeback is opened:

1. The order amount is immediately debited from the Artisan's balance.
2. Yewaan notifies the Artisan by email and the dispute appears in their dashboard.
3. The Artisan may contest the chargeback by submitting evidence (order confirmation, proof of shipment, proof of delivery, photos of the Product) via their dashboard within the indicated timeframe.
4. Yewaan processes the case and submits it to the payment service provider. Yewaan does not guarantee the outcome of the contestation.

Chargeback fees from the payment service provider are passed on entirely to the Artisan concerned.

To maximise the chances of a successful contestation, Artisans are strongly encouraged to retain: shipment tracking numbers, proof of delivery, photos of Products before shipping, and records of communications with the Buyer.

7. Order Statuses

Orders follow a progressive lifecycle: creation, payment pending or confirmed, Artisan processing, production, shipment, delivery and closure. Intermediate statuses (failed payment, cancellation, refund) may apply depending on circumstances.

The Artisan is notified at each relevant stage via the dashboard and by notification (email / push).

8. Prohibited Products and Acceptable Use

8.1 Prohibited Products

Artisans may not sell on Yewaan:

• Any counterfeit product or product infringing intellectual property rights.
• Illegal drugs or controlled substances.
• Weapons, ammunition or explosives.
• Pornographic or sexually explicit content.
• Tobacco products, electronic cigarettes and vaping products.
• Alcohol (unless expressly authorised by Yewaan).
• Products promoting hatred, violence or discrimination.
• Hazardous materials.
• Any item or service that is illegal under Togolese or international law.

8.2 Conduct Rules for Artisans

• Do not disrupt or attempt to compromise the platform's operation.
• Do not transmit viruses, malware or any harmful code.
• Do not contact Buyers for commercial purposes outside the platform without their explicit consent.
• Do not publish misleading or fraudulent product descriptions.

8.3 Conduct Rules for Buyers

• Products purchased on Yewaan are intended for personal use. Unauthorised commercial resale is prohibited.
• Reviews published must be honest, non-defamatory and must not contain personal information.

9. Intellectual Property

9.1 Artisan Intellectual Property

Artisans retain full ownership of their creations and their content (photos, descriptions, logos). By publishing content on Yewaan, the Artisan grants Yewaan a worldwide, non-exclusive, royalty-free licence to use, reproduce, adapt and display that content solely for the purpose of operating the Services and promoting the Products on the platform and its communication channels (social media, newsletters, etc.).

9.2 Yewaan Intellectual Property

The interface, design, source code, trademarks, logos and all elements constituting the Yewaan platform are the exclusive property of Niten. Any reproduction, modification or distribution without prior written authorisation is strictly prohibited.

10. Privacy and Data Protection

10.1 Privacy Policy

Use of the Services is subject to Yewaan's Personal Data Protection Policy. By using the platform, you consent to the collection and processing of your personal data as described in that policy.

10.2 Data Processing Roles

• Yewaan as data controller: for Buyer data related to transactions (name, delivery address, payment data).
• Yewaan as data processor: for Artisan professional data provided for the purposes of operating the platform.

10.3 Data Sharing with Artisans

To enable the fulfilment of an order, Yewaan shares with the relevant Artisan the data necessary for delivery: the Buyer's name, delivery address and phone number.

10.4 Artisan Obligations

The Artisan undertakes to:

• Limited use: use the Buyer's data strictly for the fulfilment of the order and customer support related to that order.
• No solicitation: not add Buyers to marketing lists or contact them for purposes unrelated to the order without their explicit and separate consent.
• Security: implement appropriate technical and organisational measures to protect the shared data.

11. Internationalisation and Accessibility

Yewaan is available in French and English. The French version of these ToU shall prevail in the event of a dispute. The Buyer may change the interface language at any time via the language selector available on the platform.

12. Service Availability and Maintenance

Yewaan strives to ensure permanent availability of the platform but cannot guarantee an uninterrupted service. Yewaan reserves the right to suspend or interrupt access to the platform, in whole or in part, notably for:

• Planned or emergency maintenance operations.
• Technical or operational requirements.
• Circumstances beyond its control (force majeure).

Yewaan also reserves the right to modify or remove any content for technical, commercial or compliance reasons.

13. Disclaimer of Warranties

The Services are provided "as is" and "as available". Yewaan does not warrant:

• That the Services will be uninterrupted, error-free or defect-free.
• That the results obtained through the Services will be accurate or reliable.
• The quality, conformity or authenticity of the Products listed by Artisans (primary responsibility lies with the Artisan).

Artisans and Buyers use the Services at their own risk.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Yewaan shall not be liable:

• For indirect, incidental, special or consequential damages arising from the use of or inability to use the Services.
• For loss of data, revenue or customers.
• For the conduct or content published by third parties (Artisans, Buyers) on the platform.
• For delays or failures in order fulfilment attributable to the Artisan or the carrier.

In no event shall Yewaan's total liability under these ToU exceed the amount of fees actually received by Yewaan from the relevant user during the past 12 months.

15. Indemnification

You agree to indemnify and hold harmless Yewaan, its officers, employees and service providers from any claim, loss, damage or expense (including legal fees) arising from:

• Your use of the Services in breach of these ToU.
• The violation of any third-party right, including intellectual property rights.
• The nature or content of the Products you sell (product liability claims, non-delivery, non-conformity).
• Any inaccurate information you provided upon registration or in your listings.

16. Termination

16.1 Termination by the User

You may close your account at any time from your profile settings or by contacting contact@yewaan.com. Closing your account does not release you from your current financial obligations (unfulfilled orders, debts owed to Yewaan).

16.2 Termination by Yewaan

Yewaan may suspend or terminate your access to the Services, with or without notice, in the event of:

• Breach of these ToU.
• Fraudulent, deceptive or harmful behaviour towards the platform or its users.
• Failure to pay an account deficit.
• Invalid or expired KYC/KYB not remedied within the allotted timeframe.

16.3 Survival of Clauses

The provisions relating to intellectual property, limitation of liability, indemnification, confidentiality and disputes survive the termination of the account.

17. Amendments to the ToU

Yewaan reserves the right to amend these ToU at any time. In the event of a substantial amendment, you will be informed via your dashboard or by email at least 15 days before the new conditions take effect. By continuing to use the Services after that date, you accept the amended ToU.

18. General Provisions

18.1 Applicable Law and Jurisdiction

These ToU are governed by Togolese law, in particular:

• Law No. 2011-018 of 6 December 2011 governing electronic communications and electronic transactions;
• Law No. 2019-014 of 29 November 2019 on the protection of personal data;
• The applicable OHADA instruments, including the Uniform Act on General Commercial Law.

In the event of a dispute, the parties undertake to seek an amicable resolution. Failing that, any dispute shall be submitted to the exclusive jurisdiction of the courts of Lomé (Republic of Togo).

18.2 Severability

If any provision of these ToU is found to be invalid or unenforceable by a competent court, that provision shall be limited or removed to the minimum extent necessary, with the remaining provisions remaining in full force and effect.

18.3 Entire Agreement

These ToU, the Terms of Sale, the Personal Data Protection Policy and any specific policy published on the platform constitute the entire agreement between Yewaan and the user regarding the Services.

19. Contact

For any question, complaint or information request regarding these ToU:

• Email (publisher): contact@niten.dev
• Phone: +228 97 29 62 62
• Publisher website: niten.dev
• Platform: yewaan.com
• Contact form: yewaan.com/en/contact