GENERAL TERMS AND CONDITIONS FOR ONLINE SALES

These terms and conditions represent the terms and conditions applicable to the online sales (hereinafter referred to as the General Conditions of Sale or GCS) carried out by Tradernité (the Operator) of its products on the www.rafinityhautecouture.comwebsite (the Website).

The purpose of these General Conditions of Sale is to ensure that customers (the Customer(s)) are properly and clearly informed about the characteristics of the Operators’ products that they wish to purchase as well as the terms and conditions applicable to the use of the Website and to the relationship between Customers and the Operator.

You are strongly advised to read the General Conditions of Sale carefully before using the Website and placing orders on it. When you use the Website or place orders on it, you will be asked to read and accept the General Conditions of Sale. In that case, you will be bound by the General Conditions of Sale and the General Conditions of Sale will therefore be binding on you. If you do not agree with the General Conditions of Sale, please do not use the Website and do not place any orders on it.

These General Conditions of Sale are subject to change. It is your responsibility to read them periodically. The General Conditions of Sale applicable are those in force at the time the Customer uses the Website and places an order on it. You may use the means of communication indicated below to contact us if you have any query regarding the General Conditions of Sale.

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

For the purpose hereof, the following words and expressions shall have the meanings set out below:

Customer : means the customer, whether a natural person or a legal entity, who is eligible, in accordance with Article 4 below, to use the Website, to place one or more orders on it and/or to enter into the Contract.

CMI : means Centre Monétique Interbancaire.

Order(s) : means the acceptance by the Customer of the offer to sell the product(s) made available by the Operator on the Website, in accordance with the terms of these GCS.

General Conditions of Sale or GCS : means these general terms and conditions of the Contract.

Order Confirmation : has the meaning assigned to it in article 6.1 below.

Contrat : means the agreement entered into between the Customer and the Operator as from the Order Confirmation relating to the purchase by the Customer of the Product on the Website and consisting, in order of prevalence, in the event of contradiction:

  • the General Conditions of Sale;
  • the Order that refers to them;
  • their Annexes; and
  • the other documents to which the above documents refer.

Operator :means Tradernité, a sole partner limited liability company with a share capital of MAD 10,000, which registered office is located at 1029, Chemin Tertiaire – QI Sidi Maârouf, Casablanca, Morocco, registered with the trade register of Casablanca under number 389169, which tax identification number is 24920220 and professional tax number is 35778992.

Form(s) :means the online “Order” form and/or the “Billing and Delivery” form made available to the Customer by the Operator in order to place orders and enter into the Contract.

Force Majeure:has the meaning assigned to it in article 14.1 below.

Business Day :means a calendar day other than a Saturday, Sunday public holiday in Morocco on which credit institutions in Morocco open their commercial branches to their customers.

Law n°31-08 :means the law n°31-08 providing for consumer protection measures as amended and supplemented, published in the official gazette n°5932 dated 7 April 2011.

Law n°53-08 :means the law n°53-08 on the electronic exchange of legal data, published in the official gazette n°5584 dated 6 December 2007.

Law n°09-08 :means the law n°09-08 promulgated by the Dahir n°1-09-15 dated 18 February 2009 relating to the protection of individuals against the processing of personal data, published in the official gazette n°5714 dated 5 March 2009.

Party(ies) :means collectively the Operator and the Customer and individually any one of them.

Payment Platform :has the meaning assigned to it in article 9.2 below.

Product(s) :means the product(s) whose characteristics are detailed on the relevant product sheet and which are offered for sale on the Website.

Receipt :means the acceptance of the delivery of a Product in accordance with article 7.4 below.

Website :www.rafinityhautecouture.com

1.2 Interpretation

a. The terms defined hereinabove shall have the same meaning in singular and in plural.

b. In this contract, (i) words in singular shall also include words in plural and vice versa; (ii) expressions such as “to this Contract”, “in this Contract”, “thereof” as well as any similar expressions shall refer to the Contract in its entirety; (iii) any words following the terms “include”, “including”, “notably”, “in particular” and any other similar term having the same meaning are not exhaustive and (iv) the term “or” is disjunctive but not exclusive.

c. Any time period referred to in the Contract shall be construed as a clear time period (the day on which the period commences is not included in the period) and shall end on the last day of such time period at midnight (Morocco time). When this Contract refers to a number of days, the Contract shall refer to calendar days, unless the mention of business days is clearly made.

d. Any references to contracts or other documents shall be construed as including all amendments thereto. Unless the context requires otherwise and save to the contrary, any reference to a statutory provision shall refer to the statutory provision as amended, supplemented or codified in so far as such amendment, replacement or codification shall apply or is likely to apply to the operations set forth in these GCS.

e. Annexes to the Contract form an integral part thereof.

f. Unless otherwise specified, references to “Articles” and “Annexes” shall be construed as references to Articles and Annexes of the GCS.

2. PURPOSE

The purpose of these General Conditions of Sale is to define the legal framework applicable to the sale of the Products on the Website.

3. IDENTIFICATION OF THE OPERATOR

The offer to sell the Products is made exclusively under the name Rafinity Haute Couture on the Website “www.rafinityhautecouture.com”, a platform for online sales, operated by Tradernité, a sole partner limited liability company with a share capital of MAD 10,000, which registered office is located at 1029, Chemin Tertiaire – Q.I. Sidi Mâarouf, Casablanca, Morocco, registered with the trade register of Casablanca under number 389169, which tax identification number is 24920220 and professional tax number is 35778992.

4. CUSTOMERS WHO CAN PLACE ORDERS

Any legal entity and any Moroccan and/or foreign natural person who is of legal age and capacity and who has opened a bank account of any kind whatsoever, may place Orders on the Website and enter into the Contract.

The Operator shall refer to the information provided by the Customer in the Forms made available on the Website.

In the event of any false information and/or misrepresentation of any kind whatsoever (in particular concerning the Customer’s identity, his capacity to enter into the Contract, his bank details, his solvency, etc.) communicated in the context of the Order, the Customer shall bear full and sole liability for the legal consequences thereof.

5. PRODUCTS

5.1 Characteristics of the Products

The Products are made in Morocco in the workshops of Rafinity Haute Couture.

The characteristics of the Products are detailed on the sheet of each Product available on the Website (model, colour, material, etc.). To find out the characteristics of the Product that you are interested in, simply click on “Show details” to display the information about the Product (model, fabric, embroidery, colour, sleeves, etc.).

The care instructions for the Product and other relevant information are indicated on the Website. The Customer shall strictly comply with these instructions in order to preserve the quality of the Product.

5.2 Products’ availability

All Orders are subject to Products’ availability. In the event of unavailability of a Product, we reserve the right to provide the Customer with information on substitute product(s) of equivalent value and quality. The Customer is entitled to cancel his Order if he does not accept the substitute Product in accordance with article 6.5 below.

In that case, we shall reimburse the Customer for any amount paid in connection with the Order within fifteen (15) days of payment of the price of the Product by the Customer.

The return costs resulting from the exercise of the right of withdrawal are at our expense.

6. ORDER(S)

Any order made by the Customer on the Website shall constitute an irrevocable and binding undertaking that implies express prior and full acceptance and adherence to these General Conditions of Sale.

6.1 Placing an Order

In order to place an Order, the Customer shall follow the purchase procedure on the Website and click on “Display details”, “Add to the shopping cart” and “Confirm your Order”.

After checking the selected items, the number and total amount to pay, the Customer shall fill in the Form “Billing and Delivery”, tick the “method of payment” selected, “accept the GCS” and click on “Order”.

In accordance with the Law n°31-08, the online Order placement form enables the Customer to check the details of his order so that he can confirm it, modify it and/or amend, as the case may be, potential mistakes.

In accordance with the Law n°31-08, the Customer will receive a confirmation e-mail of the Order sent to the e-mail address that the Customer had provided upon placing the Order, through the online form made available on the Website, once the payment has been processed. Such e-mail shall constitute acknowledgement of receipt and confirmation of the Order (the Order Confirmation).

Therefore, the Contract shall come into effect upon the Order Confirmation, through the abovementioned e-mail. The Contract may not be entered into before the Order Confirmation and receipt by the Operator of the payment of the price of the Product.

In addition, in accordance with the Law n°53-08, the Order may be saved by each Party as an evidence of the contractual relationship that exists between them.

6.2 Technical means to correct mistakes/ amend an Order

If the Customer is willing, upon placing the Order, to amend his Order or correct some mistakes made during order entry (notably typing mistakes), he shall follow the instructions and the steps proposed on the Website.

6.3 Refusal to process an Order

We reserve the right to withdraw at any time any Product from the Website and delete or amend any document or any content on the Website.

Notwithstanding the above, exceptional circumstances may arise where we would be compelled to refuse the Order once the Order Confirmation is sent. We cannot be held responsible towards the Customer or towards a third party for the withdrawal of a Product from the Website or the withdrawal or the amendment of a document or a content on the Website, or for the non-processing of an Order once the Order Confirmation is sent.

If such right is exercised while the Customer already paid the Order, the purchase price paid for the acquisition of the relevant Product shall be refunded to the Customer free of charge, at the latest within fifteen (15) days following the date on which the Customer has been notified the refusal to process his Order.

6.4 Checking the status of an Order

In order to check the status of an Order, the Customer shall call the customer service at the following number: +212 688 621 640.

6.5 Cancellation of an Order/ Right of withdrawal

In accordance with the Law n°31-08, the Customer may exercise a right of withdrawal within a 7-day period following the Receipt of the Product(s).

In order to exercise his right of withdrawal, the Customer shall call the customer service at the following number: +212 688 621 640 within the timeframe referred to above in order to notify his intent to exercise his right of withdrawal. An e-mail confirming the cancellation of the Order will be sent to the Customer.

Provided that the Customer’s right of withdrawal is exercised in accordance with the terms referred to above, the full purchase price paid for the acquisition of the Product shall be refunded to the Customer, including all delivery costs except the return costs and/or any additional costs arising from the Customer’s selecting a delivery mode other than the ordinary delivery mode available on the Website, within a maximum of fifteen (15) days following the notification date of the Customer’s decision to exercise his right of withdrawal in accordance with the terms referred to above.

Notwithstanding the above, the refund may be withheld until receipt of the Products. The purchase price of the Product shall be reimbursed through the same means of payments used by the Customer to purchase the Products on the Website, except in the case of payment on delivery for which the paid amounts shall be reimbursed by bank transfer.

In case of exercise of the right of withdrawal, the Customer shall return at his cost the Products, either by delivery or hand over, to the Rafinity Haute Couture showroom at the following address: 1029 Chemin Tertiaire, ZI Sidi Maârouf Casablanca, Morocco, during the following hours: from Monday to Friday from 10 a.m. to 6 p.m., on Saturday from 10 a.m. to 1 p.m., within a 7-day period following their Receipt at the latest.

Where the Customer is willing to exercise his right of withdrawal, he shall keep the Product in its original package and with its label as well as the electronic sales receipt and shall return it in the original condition in which it was upon Receipt at the address referred to above, with its original package, the instruction manual or any other documents, as the case may be, supplied with the Product.

The Product will not be taken back if it has been used and/or if it is not in the same condition as when received and/or if it has been damaged.

7. DELIVERY OF THE PRODUCT

7.1 Delivery times for the Product

Subject to the availability of the Product and save for exceptional circumstances and/or a Force Majeure, the delivery deadline is indicated in the Confirmation of the Order and shall not exceed thirty (30) days as from the Confirmation of the Order, unless otherwise agreed by the Parties.

If, for any reason whatsoever, we are not in a position to meet the indicated delivery deadlines, we will inform the Customer and give him the option to either carry on the purchase and set a new delivery date or cancel the Order.

In the event that the Customer has opted for cancellation of the Order, we will reimburse to the Customer all amounts paid for the purchase of the Product.

Notwithstanding the above, please note that disruption delays are to be expected in the delivery of parcels, both nationally and internationally. For this reason, the delivery times and the consequences of late deliveries, including compensation due to late delivery, are no longer applicable and are temporarily suspended until further notice due to the COVID-19 health crisis.

7.2 Delivery method

Delivery of the Product takes place in Morocco through the service provider « Go Tawsil » and internationally with FEDEX.

7.3 Delivery costs

Delivery costs of the Product are not included in the price of the Product displayed on the Website. Before the Customer’s validation of the Order, the delivery costs, which vary according to the place of delivery and, as the case may be, the delivery method, are displayed and added to the purchase price of the Product.

7.4 Receipt of the Product

Delivery of the Products takes place during Business Days at the postal address stated by the Customer in the Form “Billing and Delivery” and set out in the Confirmation of the Order.

Receipt of the Product takes place when the Order is delivered to the Customer or any other person designated by it and/or at the postal address stated in the Form “Billing and Delivery”, through the taking possession of the Product and the execution of the Order’s receipt at the delivery address referred to above (the Receipt).

The Receipt’s main legal effect is to start the warranty period set forth in article 8 below.

7.5 Difficulty or impossibility to receive an Order

In the event that the Order is not delivered at the address indicated in the Form “Billing and Delivery” for any reason whatsoever for which we are not responsible, notably the Customer’s unavailability, the Customer shall notify to the customer service in accordance with article 14.2 below the non-receipt of the Order and confirm his address and telephone number within a 10-day period at the latest as from the expiry of the delivery time stated in the Confirmation of the Order.

8. RESPONSIBILITY – WARRANTIES

8.1 Principles

We shall be responsible for the defaults and hidden defects to the Products, in accordance with the laws and regulations in force and our contractual obligations set forth in this article.

In order to benefit from the warrantee, the Customer shall comply with the terms and conditions of these GCS and, in particular, this article 8. Non-compliance by the Customer with the above-mentioned terms and conditions entails forfeiture of the Customer’s rights that result from the application of said GCS.

Unless stated otherwise under this article 8, we do not assume any responsibility following the Receipt. We shall assume no responsibility if the non-performance or the defective performance of the Contract and/or the damage suffered by the Product were caused by (i) the Customer’s fault, negligence or fact, (ii) the actions of a third party or (iii) a Force Majeure.

The Customer’s shall be liable for the loss or any damage suffered by the Product and/or damage suffered by the Operator and/or a third party as a result of a false or incomplete statement made by the Customer, the deceptive information provided by the Customer, in particular on his identity, postal address, bank details, etc.

Unless otherwise stated in these GCS, our responsibility regarding the Products purchased on the Website is strictly limited to the purchase price of the relevant Product.

8.2 Defective Products / Exchange Policy

Upon receipt of the Product, we ask that the Customer inspects the condition of the Product. In the event that the delivered Product does not comply with the description as well as with the features and characteristics set out on the Website or in the event that the Product is defective, the Customer shall immediately notify to us the Product’s non-compliance/ defect and by no later than forty-eight (48) hours following the Receipt, by calling the customer service at the following number: +212 688621640 or by sending an e-mail to the following address: [email protected] and giving all relevant details on the Product and the damage suffered. Failing to do so, the Product is deemed to be accepted, unless the defects are not visibly obvious or the Customer has been prevented, for a cause beyond his control, from inspecting the condition of the Product. In that case, hidden defects shall be notified to the Operator as soon as they are discovered; failing to do so, the Product is deemed to be accepted in the normal state.

The Customer shall deliver the Product back to us, within a maximum period of eight (8) days as from the Receipt, at the Rafinity Haute Couture showroom located at 1029 Chemin Tertiaire, ZI Sidi Maârouf Casablanca, Morocco, during the following hours: from Monday to Friday from 10 a.m. to 6 p.m., on Saturday from 10 a.m. to 1 p.m., within a 8-day period at the latest.

We will examine closely the returned Product and inform the Customer by phone and/or by e-mail if the Product may be exchanged.

If the exchange of the defective Product is accepted, we will resend the Product within a maximum 30-day period following our call or e-mail to the Customer confirming that the exchange of the Product is ongoing, except for one-of-a-kind items that are handmade.

If a defect or a damage is confirmed on the returned Products, the exchange costs shall be fully assumed by us, including the costs accumulated for delivery and return.

he Customer may ask for the refunding of the price paid for the purchase of the Product in accordance with article 6.5 above.

9. PURCHASE PRICE AND TERMS OF PAYMENT

9.1 Price of the Products

The price of the Products are quoted in MAD. Foreign Customers may consult the price of the Products in US Dollar or in Euro, in which case, the price of the Products displayed on the Website shall correspond to the counter-value in foreign currency of the MAD, by using the relevant daily exchange rate applicable at the time the Customer consults the price of the Product on the Website.

The price of the Product to be paid by the Customer is the one indicated on the Product sheet at the time of placing the Order; it is firm and non-negotiable. In the event of an error in the price of an ordered Product, we will inform the Customer and give him/her the option of confirming the order at the modified price or cancelling it.

The price indicated on the Product sheet is valid for a limited period and may therefore change at any time. Where no price validity period is provided for, the price of the Product is that which appears on the Product sheet at the time of validation of the Order by the Customer.

Unless otherwise agreed above, the change in the price of a Product shall not affect the order for which we have sent you a Confirmation of the Order.

The price of the Products may be reduced during sales or otherwise. In the event of a sale, the price of the reduced Product will be added to the initial price of the Product, which will be crossed out with the term “sale” clearly and legibly displayed. Sales and reductions in the price of Products may concern some or all of the Products and are limited in time.

9.2 Terms of payment of the price of the Products

The price of the Products shall be paid upon delivery by cash or a Moroccan credit card through the CMI platform, with whom we have entered into a contract relating to the payment system (the Payment Platform). Where the Order is placed from a foreign country, only online payment by credit card is possible. Payment by check is not permitted.

In order to proceed with the online payment, the Payment Platform provides to the Customer an electronic form for the payment on our behalf that the latter shall fill in with his personal and bank details, and validate the payment. For the purchases made abroad, the Customer may pay by using the following credit cards: Master card or Visa card. The Website will display that payment is completed and the Order confirmed.

A sales receipt will therefore be sent to the Customer to the e-mail address indicated by the Customer in the form “Billing and Delivery” and set out in the Confirmation of the Order.

Shall apply to the Customer: (a) the general conditions of use of the online payment service through the Payment Platform and (b) the Customer’s conditions relating to the protection of the Customer’s Personal and confidential Data set out by the CMI and which are an integral part of these GCS. Such general conditions of use are submitted to the Customer for consultation before the payment request is displayed on screen. The Customer will be asked to read and approve the documents referred to in paragraphs a.) and b.) above. In that case, the Customer is bound by the content of said documents that are enforceable against it. If you do not agree with the content of said documents, we kindly ask you not to use the Payment Platform and not to place Orders.

10. WEBSITE

10.1 Transactions on the website

The Customer may carry out various transactions on the Website, including :

  • a. consult the Products, their characteristics and their prices;
  • b. make purchases on the Website;
  • c. add Products to the mailing list;
  • d. share pSold outos of the Products on social networks;
  • e. subscribe to the Newsletter.

The Customer assumes all responsibility for all the transactions it has entered into on the Website. We cannot verify the accuracy and relevance of the information provided by the Customer in order to conduct transactions on the Website for which the Customer assumes full responsibility.

When using the Website and placing orders, the Customer is informed, represents and accepts the following:

  • the Website is used solely for the purpose of viewing the Products and placing legally valid Orders;
  • it declares that it has reached the age of majority and has the legal capacity to place an Order and enter into the Contract;
  • the Customer shall refrain from placing inaccurate, false, incomplete or fraudulent orders. If an order placed is considered as such, we are entitled to cancel it and to inform the competent authorities;
  • the Customer shall provide his e-mail address, postal address and/or other personal data in a true, accurate and sincere manner. This information will be used in accordance with the purposes hereof in order to contact the Customer in connection with his Order(s) and for the purposes of performing the Contract, as the case may be;
  • if the Customer does not provide all the required information, he cannot place the Order.
10.2 Rejections or invalidation of transactions

We reserve the right to invalidate and/or not execute any Order, request, operation or transaction initiated and/or completed by the Customer on the Website in the event that we become aware of any anomaly or inconsistency in the initiation or execution of this Order, request, operation or transaction, or for any other reason. It is expressly stated that we are under no obligation to carry out any kind of control of the Orders, requests, operations and transactions initiated and/or carried out by the Customer on the Website, which the Customer accepts without reservation.

The Website does not generate a confirmation of the successful completion of an Order, a request or a transaction initiated by the Customer on the Website. Therefore, the Customer shall, in any event, follow up any operation or transaction initiated and/or carried out on the Website by consulting the e-mail address provided by the Customer in the “Billing and Delivery” Form.

10.3 Means necessary to access the Website

Access to the Website requires the use of an Internet connection. The Website is in principle accessible from Morocco but also from abroad, subject to the quality of the telecommunications infrastructure and the quality of the connection network ; it being specified that we cannot be held responsible in this respect for any difficulty in accessing the Website.

We are not responsible for any difficulties related to the use of the Website, in particular due to the equipment used.

The Customer undertakes not to undermine and/or circumvent any security measures of the Website.

The use of the Website is free of charge.

10.4 Interruption

Any request, operation or transaction initiated by the Customer via the Website is not, in principle, transmitted to us in real time. This transmission normally takes place on a regular basis at particular times of the day.

10.5 Transfert des données

Toute demande, opération ou transaction initiée par le Client via le Site Web ne nous est pas, en principe, transmise en temps réel. Cette transmission se fait normalement de manière régulière à des heures particulières de la journée.

10.6 E-mail alerts

E-mails may be generated as a result of the use of the Website.

These emails will be sent to the email addresses provided by the Customer in the Forms.

We are not responsible for any errors in the contact details (email addresses, telephone numbers, postal addresses, etc.) provided by the Customer.

11. PERSONAL DATA PROTECTION

For the purpose of these General Conditions of Sale, we will be handling the Customers’ personal data. Tradernité is the company responsible for processing the Customer’s personal data. Information collected on the Website is processed for the following purposes:

  • the processing of Orders;
  • the execution and management of the relationship with the Customer;
  • the performance of the Contract and its consequences;
  • the carrying out of studies or analyses relating to the use of the Website.

The recipients of the Customers’ data are the various internal departments of Tradernité. We are expressly authorised by the Customer to process and, more particularly, to communicate the personal data transmitted for the purposes of the performance of the contractual relationship between us and the Customers, to the legal entities belonging to the Operator’s group, the service providers and subcontractors acting on behalf of the Operator, in particular the CMI and the delivery company, to its partners, intermediaries, and to the organisations responsible for carrying out surveys or polls, in particular, with a view to performing the contractual relationship with the Operator and/or improving it.

Furthermore, such processing may involve transfers of personal data to foreign countries, in particular due to the use of international payment networks.

We will take reasonable steps to ensure the confidentiality and security of the recorded personal data to prevent it from being destroyed, distorted, damaged or accessed by unauthorised third parties.

In accordance with the Law n°09-08, the Customer has the right to access and rectify information concerning him, which he may exercise by contacting the customer service department which can be reached on the following number +212 688621640 or via e-mail : [email protected]

The Customer may also, for legitimate reasons, object to the processing of personal data concerning him.

An online personal data collection form is made available to the Customer on the Website. This form specifies the Customer’s above-mentioned rights, the mandatory fields to be filled in as well as the Customer’s acceptance of these GCS, which includes the acceptance of the processing of his personal data and their transfer abroad, as the case may be.

12. INTELLECTUAL PROPERTY

The Website and its content are the property of Tradernité, holder of the intellectual property rights of the Website. It is therefore forbidden to copy and/or download all or part of the Website and its content.

The Customer commits himself not to modify, copy, reproduce, download, broadcast, transmit, operate and/or distribute the pages of the Website in any way whatsoever.

Furthermore, no hypertext link redirecting to the Website may be set up by the Customer or upon his instruction without the Operator’s prior and express consent. In case of failure to obtain the Operator’s consent, such a link is considered to constitute the offence of counterfeiting.

Any representation or reproduction, in whole or in part, of the logos, trademarks, distinctive signs as well as the databases used on the Website, by any process whatsoever, is prohibited and would constitute, as the case may be, the offence of counterfeiting.

The prohibitions provided for in this article shall not apply to the sharing of the Website's content via social networks.

13. MODIFICATION OF THE GENERAL CONDITIONS OF SALE

We reserve the right to amend these General Conditions, provided that the Customer is informed in advance with at least fifteen (15) days' notice.

Each new version of the General Conditions will be posted on the Website. The Customer is therefore invited to consult them regularly.

These General Conditions of Sale, as well as any amended versions, may be consulted on the Website.

14. MISCELLANEOUS

14.1 Force Majeure

The failure or non-performance by one of the Parties to the Contract of its obligations under the Contract shall not give rise to that Party’s liability, or be considered as a breach of contract, if such non-performance results from a Force Majeure as defined below.

A Force Majeure means any act, event, fact or combination of acts, facts or events which, beyond the reasonable control of the relevant Party, prevents or hinders the performance by the relevant Party of all or part of its obligations under the Contract. The following in particular are considered to be Force Majeure: earthquakes, floods, tidal waves, cyclones, lightning, fire, war, blackout, strike, rebellion, insurrection, sabotage, fire, explosion, atmospheric disturbance, storm, volcanic eruption, hurricane, earthquake, landslide, epidemic, war, riot, civil war, blockade, insurrection or civil disturbance, acts of terrorism, lockout or other industrial disturbance, act of state, interruption of public services, interruption of transport and logistics services, power failure, interruption of telecommunication networks, any change in the law necessarily involving the non-performance by one of the Parties of its contractual obligations (Force Majeure).

In the event that the non-performance resulting from the Force Majeure lasts for a period of more than sixty (60) days, either Party may terminate the Contract without any damages.

14.2 Communication

The Operator elects domicile at its registered office. The Customer elects domicile at the address indicated in the “Billing and Delivery” Form.

Unless otherwise agreed in the Contract, any notification or communication sent by one of the Parties to the other under the Contract shall be made either by e-mail or to the postal address indicated by the Customer when placing the Order.

For any questions concerning the General Conditions of Sale and any complaints under this contract, the Operator has made available to the Customer a dedicated “customer service” department which the Customer can contact by phone on +212 688621640 and/or by e-mail to the following address : [email protected]

The Customer may also send claims to the following postal address: 1029 Chemin tertiaire ZI Sidi Maârouf, Casablanca (Morocco).

14.3 Headings

These General Conditions of sale are drafted in both French and English. In case of contradiction between these versions, the French version shall prevail.

14.4 Language

These General Conditions of sale are drafted in both French and English. In case of contradiction between these versions, the French version shall prevail.

15. APPLICABLE LAW AND JURISDICTION

The Contract shall be governed by Moroccan law.

Any disputes arising out of or in connection with the Contract or the use of the Website shall be submitted to the competent Moroccan courts.