Terms of Sale — Yewaan

1. Purpose

These Terms of Sale ("ToS") govern all sales of handcrafted products made through the Yewaan platform, accessible at yewaan.com, between:

• Niten (Niten Software): publisher and operator of the Yewaan platform, reachable at niten.dev (hereinafter "Yewaan" or the "Platform").
• Artisans: any natural or legal person who has created a validated Artisan account on the Platform in order to offer their handcrafted creations for sale (hereinafter the "Artisan" or the "Seller").
• Buyers: any natural person aged at least 18 years, acting in a personal capacity, placing an order on the Platform (hereinafter the "Buyer" or the "Customer").

These ToS apply to any order placed on the Platform, to the exclusion of any other conditions. By confirming an order, the Buyer unreservedly accepts these ToS.

2. Products Offered

Yewaan is a marketplace dedicated to authentic craftsmanship from Togo and the wider West Africa sub-region. Products offered for sale on the Platform include in particular:

• Handcrafted jewellery and accessories
• Clothing and fabrics (kente, traditional woven textiles)
• Leather goods and artisanal leatherwork
• Decorative objects and works of art
• Any other handmade artisanal product by registered Artisans

Each product is listed by an independent Artisan who is its maker and is responsible for it. The descriptions, photos and technical specifications displayed on the product page are provided under the exclusive responsibility of the relevant Artisan.

Yewaan strives to present products as accurately as possible, but cannot guarantee that the colours displayed on the Buyer's screen perfectly match the actual colours of the product due to display variations across devices.

3. Pricing and Financial Conditions

3.1 Price Display

Product prices are displayed in CFA Francs (XOF) on the Platform, inclusive of all taxes applicable to the Buyer's jurisdiction. Yewaan reserves the right to modify prices at any time, it being understood that the price applicable to an order is the price in effect at the time the order is confirmed.

3.2 Delivery Charges

Delivery charges are calculated based on the weight, volume of the parcel, destination and selected carrier. They are clearly communicated to the Buyer before the final confirmation of the order.

• Free delivery: delivery is free for any order exceeding 50,000 XOF (before any applicable discount).

3.3 Taxes and Customs Duties

For deliveries outside Togo, the Buyer is solely responsible for customs duties, import taxes and any local charges that may be levied by the authorities of their country upon delivery. These charges are not included in the displayed price and are neither calculated nor covered by Yewaan.

3.4 Promotional Codes

Promotional codes may be applied at the time of payment. They are subject to specific conditions (validity period, eligible products, single use, non-cumulative unless otherwise stated). Discounts granted apply to the subtotal of eligible products.

4. Placing and Confirming an Order

4.1 Order Process

Placing an order on Yewaan follows these steps:

1. Selecting one or more products and adding them to the cart.
2. Reviewing the cart summary.
3. Entering delivery information (first name, last name, phone number, full address).
4. Selecting the payment method (Mixx By Yass or Flooz).
5. Applying a promotional code (optional).
6. Confirming and paying for the order.

4.2 Contract Formation

A binding sale contract between Yewaan and the Buyer is formed upon sending an order confirmation email to the address provided by the Buyer during registration. This email summarises the contents of the order, the total amount and the delivery information.

Yewaan reserves the right to cancel or refuse any order in the event of a dispute relating to the payment of a previous order, suspicion of fraud or product unavailability following confirmation.

4.3 Product Availability

Products offered on the Platform are available subject to the stock managed by each Artisan. If a product becomes unavailable after the order is confirmed, Yewaan informs the Buyer as soon as possible and proceeds with a full refund of the corresponding amount.

5. Payment and Security

5.1 Accepted Payment Methods

Payment is made exclusively by Mobile Money via an authorised payment service provider:

• Mixx By Yass (formerly TMoney, Togocom)
• Flooz (Moov Africa)

Additional payment methods may be added in the future and will be indicated on the Platform.

5.2 Payment Security

Transactions are processed by a secure third-party payment service provider. Yewaan does not store the Buyer's Mobile Money payment data at any time. The charge is made at the time the order is confirmed.

5.3 Payment Verification

After payment confirmation, Yewaan automatically verifies the transaction confirmation with the payment service provider. If confirmation is not received within a reasonable period, the Buyer is invited to manually check the status of their payment from the order confirmation page. An order is only processed after effective payment confirmation.

5.4 Escrow of Funds

In order to secure transactions, the funds paid by the Buyer are placed in escrow by Yewaan upon payment confirmation. They are only paid out to the Artisan after the Buyer confirms receipt of the order. In the event of a dispute or refund, the escrowed funds are returned to the Buyer.

6. Delivery

6.1 Delivery Area

Yewaan delivers throughout all regions of Togo as well as internationally. Available destinations and estimated timeframes are indicated during the order process.

6.2 Delivery Timeframes

Delivery timeframes are indicative and vary depending on:

• The nature of the product (in stock or made to order).
• The destination (Lomé, regions of Togo, international).
• The selected carrier.

The Artisan undertakes to ship the order within the timeframes stated on their product page. In the event of a significant delay, the Buyer is informed by email or notification.

6.3 Accuracy of the Delivery Address

The Buyer is responsible for the accuracy and completeness of the delivery address entered at the time of the order. Yewaan and the Artisan shall not be held liable for delays or non-deliveries resulting from an incorrect, incomplete or illegible address provided by the Buyer. Any resulting re-routing costs would be at the Buyer's expense.

6.4 Receipt of the Order

Upon receipt of their order, the Buyer is invited to:

• Check the condition of the parcel and the products in the presence of the delivery person.
• Report any visible damage to the delivery person and to Yewaan within 48 hours of receipt.
• Confirm receipt of the order on the Platform in order to release the escrowed funds to the Artisan.

7. Right of Withdrawal and Return Policy

7.1 Applicable Timeframes

• European Union / United Kingdom: a statutory right of withdrawal of 14 days applies from the date of receipt of the order, with no obligation to provide justification and no penalty.
• Other countries (international and local): Yewaan grants a commercial return period of 15 days from the date of receipt, exclusively for non-conforming or defective products.

7.2 Products Excluded from the Right of Return

Due to their nature, the following products cannot be returned or refunded, except in the case of a proven non-conformity:

• Products that are personalised or made to order according to the Buyer's specifications.
• Perishable products or products with a limited shelf life.

7.3 Return Procedure

To exercise the right of return, the Buyer must follow these steps:

1. Contact Yewaan at contact@yewaan.com within the applicable timeframe, indicating the order number and the reason for the return.
2. Wait for the return instructions communicated by the Yewaan team.
3. Send the product back in its original packaging, in perfect condition, with all its accessories.

• Return costs: return costs are exclusively at the Buyer's expense, unless the return is due to a proven non-conformity or manufacturing defect of the product.

7.4 Refund

In the event of a validated return, the refund is processed within 14 days of Yewaan's receipt of the returned product, via the same Mobile Money payment method used at the time of the order.

8. Warranties and Liabilities

8.1 Statutory Warranty of Conformity

Yewaan, in its capacity as intermediary, warrants to the Buyer that the products delivered conform to their description published on the Platform. In the event of a non-conformity identified at delivery or within the applicable statutory timeframes, the Buyer may request replacement or a refund of the product.

8.2 Artisan Liability

The Artisan is solely responsible for the quality, authenticity and conformity of the products they offer for sale. Yewaan shall not be held liable for defects or hidden faults attributable to the Artisan.

8.3 Platform Availability

Yewaan strives to ensure Platform availability 24/7. However, Yewaan does not guarantee uninterrupted access and shall not be held liable for interruptions linked to maintenance operations, technical failures or force majeure events.

9. Disputes and Chargebacks

9.1 Disputes Between Buyer and Artisan

In the event of a dispute relating to an order (non-delivery, non-conformity, insufficient quality), the Buyer is invited to contact the Artisan first via the Platform's integrated messaging. If no solution is found within a reasonable timeframe, the Buyer may open a support ticket with Yewaan at contact@yewaan.com.

9.2 Banking Chargebacks

In the event of a chargeback initiated by the Buyer with their financial institution or operator:

• The funds for the affected order are immediately withheld pending resolution.
• Yewaan processes the case and may ask the Artisan to provide proof of fulfilment and delivery of the order.

• The Buyer is kept informed of the outcome of the process.

• Important reminder: initiating a chargeback without legitimate grounds, in particular when the order has been correctly fulfilled and delivered, may constitute fraud and engage the Buyer's legal liability.

10. Intellectual Property

Handcrafted creations sold on Yewaan are the exclusive intellectual property of their Artisan. The Buyer acquires a right of personal use of the physical object purchased, without any transfer of rights to reproduce, adapt or commercially exploit the patterns, designs or associated know-how.

11. General Limitation of Liability

11.1 Yewaan's Liability

Yewaan's liability as a marketplace is limited to its role as a technical intermediary facilitating the connection between Buyers and Artisans. Yewaan shall not be held liable:

• For commercial transactions carried out between Buyers and Artisans outside the Platform.
• For the quality, legality or conformity of products sold by Artisans.
• For loss of revenue, profits or data due to technical incidents beyond its control.
• For indirect or consequential damages resulting from use of the Platform.
• For delivery delays, losses or failures exclusively attributable to third-party carriers.

In any event, Yewaan's overall liability shall not exceed the total amount of the order concerned.

11.2 Artisan Liability

Artisans are solely responsible for the products they offer for sale, their manufacture, their shipment and the associated product support. They formally undertake not to sell illegal products, counterfeits or products infringing third-party rights.

12. Force Majeure

Yewaan shall not be held liable for any delay or failure to perform its obligations resulting from a force majeure event, including: natural disasters, epidemics, wars, riots, fires, strikes, power outages or global internet infrastructure failures, government decisions or any other cause beyond the platform's reasonable control. In the event of force majeure, Yewaan will inform the Buyer as soon as possible and will endeavour to propose appropriate alternatives.

13. Personal Data Protection

Personal data collected in connection with an order is processed in accordance with Yewaan's Personal Data Protection Policy. To exercise your rights or obtain information, please refer to that document.

14. Amendments to the ToS

Yewaan reserves the right to amend these ToS at any time. Substantial amendments will be notified to the Buyer by email or directly via the Platform with 30 days' notice before they take effect.

Continued use of the Platform after that date constitutes unreserved acceptance of the amended ToS. Orders placed prior to the amendment remain governed exclusively by the ToS in force at the time they were placed.

15. Applicable Law and Jurisdiction

These ToS 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.

The general framework governing use of the Platform (accounts, Artisans, liabilities) is supplemented by the Terms of Use (ToU).

In the event of a dispute relating to an order or to the interpretation of these ToS, the parties undertake to seek an amicable resolution within a period of 30 days.

Failing amicable resolution, any dispute shall be submitted to the exclusive jurisdiction of the courts of Lomé (Republic of Togo).

For Buyers located in the European Union, the mandatory statutory consumer protection provisions applicable in their country of residence remain fully enforceable against them.

16. Contact and Support

For any question relating to an order, a return procedure or the interpretation of these ToS, our team is at your disposal:

• Email (order support): contact@yewaan.com
• Email (publisher): contact@niten.dev
• Phone: +228 97 29 62 62
• Contact form: yewaan.com/en/contact
• Order tracking: yewaan.com/en/order-tracking
• Help centre: yewaan.com/en/help