General Terms and Conditions

Preamble

These General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) govern the contractual relationship between:

CAP INDUSTRY SARL, a company incorporated under Tunisian law, with registered office located at Lot No. 39, Industrial Zone, Béja Governorate – 9000 – Tunisia, registered with the Trade Register under number B05161482013, hereinafter referred to as the "Seller" and any natural or legal person making a purchase via the website https://www.yamamababy.com, hereinafter referred to as the "Customer".

The products offered on the website are marketed under the YA’MAMA BABY brand, which is the property of CAP INDUSTRY.

These GTCS apply to all orders placed on the website and prevail over any other conditions, unless expressly agreed otherwise in writing by the Seller.

The Customer acknowledges having read these GTCS prior to placing any order and confirms having the legal capacity required to enter into a contract.

Any order validation implies full, unconditional, and irrevocable acceptance of the GTCS in force on the date of the order.

Article 1 – Purpose

The purpose of these GTCS is to define the terms and conditions governing the online sale of childcare products marketed under the YA’MAMA BABY brand by CAP INDUSTRY, as well as the respective rights and obligations of the parties.

Article 2 – Orders

2.1. Order Process

To place an order, the Customer must provide a valid email address and all information necessary for processing the order.

Any order implies acceptance of the prices, product descriptions, and characteristics displayed on the website at the time of purchase.

The Seller undertakes to fulfill orders within the limits of available stock.

YA’MAMA BABY products are intended for sale in pharmacies, parapharmacies, and specialized baby stores. Wholesalers are required to comply with this distribution policy.

2.2. Accuracy of Information

The Customer is solely responsible for the accuracy of the information provided (delivery address, phone number, email address, payment details).

CAP INDUSTRY shall not be held liable for any delivery delay or failure resulting from incorrect or incomplete information.

2.3. Order Confirmation

An order confirmation is sent to the Customer by email once the order has been validated.

• For online payments, the order becomes final upon full receipt of payment.
• For cash on delivery payments, the order is confirmed by the Seller and becomes final upon full payment to the carrier.

CAP INDUSTRY reserves the right to cancel or refuse any order in the event of a prior dispute, non-payment, refusal of payment upon delivery, or suspected fraud.

Article 3 – Products

The products offered for sale comply with applicable regulations and are deemed new and in perfect condition at the time of shipment.

Promotional offers and free gifts are valid while stocks last. In the event of unavailability, a product of equivalent value may be offered.

Article 4 – Visuals and Descriptions

Product photographs, illustrations, and descriptions are provided for indicative purposes only. Any modification or evolution of a product by the manufacturer shall not engage the liability of CAP INDUSTRY, nor affect the validity of the sale.

Article 5 – Prices and Invoicing

5.1. Prices

Prices are expressed in Tunisian Dinars (TND), inclusive of all taxes, including VAT applicable on the date of the order.

Any change in the VAT rate will be automatically reflected in the displayed prices.

5.2. Invoice

An invoice may be provided upon request and will be sent to the delivery address specified at the time of ordering.

Article 6 – Payment

6.1. Payment Methods

The Customer may pay for the order using one of the following payment methods:

• Secure online card payment : CIB, VISA, MasterCard
• Cash on delivery : Payment is made directly to the carrier upon receipt of the package.

The payment method is selected during the order validation process.

6.2. Payment Failure or Refusal

Any payment incident, refusal of payment upon delivery, or ongoing dispute may result in the suspension or cancellation of the order.

Any dispute relating to an online payment must be addressed directly to the Customer’s banking institution.

Article 7 – Delivery

7.1. Delivery Area and Address

Products are delivered to the address provided by the Customer when placing the order.

Deliveries are primarily made within Tunisia. International deliveries may be accepted upon request, with additional costs borne by the Customer.

7.2. Delivery Times

The average delivery time is 2 business days from the date of order confirmation.

7.3. Receipt and Claims

The Customer must check the condition of the package in the presence of the carrier.

Any visible anomaly must be reported immediately and confirmed to CAP INDUSTRY within a maximum of 24 hours.

7.4. Delay or Damaged Package

In the event of a damaged or lost product, CAP INDUSTRY will, as appropriate, issue a replacement or a refund, subject to stock availability.

Delivery delays do not give rise to any compensation.

Article 8 – Customer Service

CAP INDUSTRY’s customer service, operating under the YA’MAMA BABY brand, can be contacted at:

• E-mail : service.client@yamamababy.com
• Phone : [to be provided]

Full contact details are available on the Contact page of the website.

Article 9 – Returns and Warranty

Products must be returned in their original packaging, complete, and unused. Any product damaged due to misuse, improper handling, or unauthorized intervention will not be accepted for return.

The warranty does not cover normal wear and tear.

Article 10 – Fraud Prevention

CAP INDUSTRY reserves the right to carry out any necessary verification to prevent fraud and may request any supporting documents required to validate an order.

Article 11 – Personal Data

Personal data collected are processed in accordance with the website’s Privacy Policy and are used solely for order management and customer relationship purposes.

Article 12 – Liability

CAP INDUSTRY shall not be held liable in the event of force majeure or any event beyond its control preventing the execution of the contract.

In all cases, the Seller’s liability is strictly limited to the amount of the order concerned.

Products remain the property of CAP INDUSTRY until effective delivery.

Article 13 – Governing Law and Disputes

These GTCS are governed by Tunisian law.

In the event of a dispute and failing amicable resolution, the courts having jurisdiction over the registered office of CAP INDUSTRY shall have exclusive jurisdiction.