Article 1 – Identification of the Parties
These General Terms and Conditions of Sale are entered into between:
- The company CLEARIM, hereinafter referred to as "CLEARIM";
- Any natural or legal person wishing to make a purchase via the KissMada.com website, hereinafter referred to as "the Buyer".
CLEARIM SARLU
II M 92 Antsakaviro
101 Antananarivo - Madagascar
NIF 3 019 142 153
STAT 63122-11-2025-0-10236
RCS Antananarivo 2025 B 00 238
Legal Representative: RAKOTONIAINA Onjanirina
These General Terms and Conditions of Sale are accessible on the KissMada.com website and shall prevail, where applicable, over any other version or any other contradictory document.
CLEARIM reserves the right to modify these General Terms and Conditions of Sale at any time; it being specified that any modifications to these terms shall take effect from their publication on the KissMada.com website. In any event, the General Terms and Conditions of Sale applicable to the Buyer shall be those in effect on the date the order is placed.
If any clause of these Terms is declared void, the remaining clauses shall remain in full force and effect.
Article 2 – Scope
These General Terms and Conditions of Sale apply to all sales concluded via the KissMada.com website. The customer declares to have read these Terms and to have accepted them before validating their order. The validation of the order implies unreserved acceptance of these conditions.
Article 3 – Products
The clothing and accessories offered on the site are available subject to stock availability. The photographs illustrating the products are non-contractual. Colors may vary depending on screen settings and shall not engage the seller's liability.
Article 4 – Pricing
Prices are indicated in US Dollars ($) or Euros (€), depending on the Buyer's choice.
CLEARIM reserves the right to modify its prices at any time, but is committed to applying the rates shown in the catalog published on the KissMada.com website on the day the order was placed, subject to availability on that date.
The prices indicated do not include shipping and delivery costs, provided they take place within the geographical areas offered during the checkout process; shipping and delivery costs are invoiced to the Buyer in addition and indicated before any order confirmation.
The price must be paid in full and in a single installment by the Buyer when placing the order. No amount paid by the Buyer shall be considered as a deposit or down payment.
Customs Duties and Import Taxes: For any delivery outside Madagascar, customs duties, local taxes, import duties, or state taxes may be required. These duties and amounts are not the responsibility of CLEARIM. They shall be borne by the Buyer and are their sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in their country.
Article 5 – Ordering
The ordering process consists of the following steps:
- Product selection
- Adding to cart
- Cart validation
- Entering contact details
- Selection of delivery method
- Secure payment
- Confirmation by email
CLEARIM reserves the right to refuse or cancel any order:
- In case of suspected fraud;
- In case of an unresolved prior dispute;
- In case of non-payment.
Article 6 – Payment
Payment is due immediately upon ordering. The Buyer may pay by credit card (Visa, MasterCard, American Express) or through the secure payment platforms provided (such as PayPal). The KissMada.com website uses advanced encryption protocols to guarantee transaction security. CLEARIM never has access to the Buyer's banking details. In the event of a refusal of payment authorization by officially accredited organizations, the order will be automatically cancelled.
Article 7 – Delivery
Delivery Times
Preparation: between 2 and 5 business days depending on stock availability.
Shipping: approximately 4-20 business days depending on the carrier.
These timeframes are provided for information purposes only and do not constitute a contractual commitment.
CLEARIM shall not be held liable for delays, losses, or thefts attributable to the carrier. The transfer of risk occurs as soon as the package is handed over to the carrier.
Force majeure
CLEARIM shall not be held liable for failure to perform the contract in the event of force majeure (strikes, natural disasters, pandemics, etc.).
Article 8 - Returns, Refunds, and Liability
Return Policy: KissMada operates on a made-to-order model. Every item is created specifically for you after the order is confirmed. Therefore, we do not accept returns for change of mind or customer sizing errors.
Defective Products: If an item arrives damaged or with a printing defect, please contact us within 14 days with a photo of the product. We will provide a free replacement or a full refund.
Liability: KissMada cannot be held liable for delivery delays caused by shipping carriers or unforeseen customs fees. Our liability is limited to the total amount of the order.
Article 9 - Cookies
The KissMada.com website uses cookies to enhance your browsing experience and analyze traffic. By browsing our site, you consent to their use.
Article 10 – Liability
CLEARIM shall not be held liable for:
- Improper use of the product by the customer;
- Normal wear and tear of the product;
- Allergic reactions related to the textiles used.
In any event, CLEARIM's liability is limited to the total amount of the order concerned.
Article 11 - Contact
For any questions regarding your order, our customer service can be reached at: contact@kissmada.com.
Article 12 – Governing Law and Jurisdiction
These Terms and Conditions are governed by Malagasy law. In the event of a dispute, an amicable solution will be sought before any legal action is taken. Failing an amicable agreement, any dispute relating to the interpretation or execution of these terms shall be subject to the exclusive jurisdiction of the courts of Antananarivo, Madagascar.