* Article 1: Field of Application
* Article 2: Orders
* Article 3: Rates
* Article 4: Payment terms
* Article 5: Deliveries
* Article 6: Transfer of Ownership – Transfer of Risks
* Article 7: Right of Withdrawal
* Article 8: Liability of the supplier – Guarantee
* Article 9: Information Technology and Freedom
* Article 10: Intellectual property
* Article 11: Contract Validity
* Article 12: Signature and Proof
* Article 13: Applicable law and competence
* Article 14: Customer’s Acceptance
Article 1: Field of Application
These General Conditions of Sale apply, without restriction or reservation to all the sales concluded by the sarl EMMA LAMU whose registered offices are atKaat Ben Nahed, Derb Ouali 18, 40000 Marrakech – Morocco and referred to hereinafter as the “Vendor” with non-professional buyers, wishing to purchase the products offered for sale by the Vendor on his Internet site https://www.valeriebarkowski.shop and referred to hereinafter as the “Customer”.
These conditions concern consumers exclusively. Any Customer wishing to buy from the Site must declare that he has full legal capacity. Any person affected by incapacity particularly in accordance with article 1123 and subsequent of the Code of Civil Procedure, cannot under any circumstances make purchases from the Site. Any consultation of the Site and the services it offers are then subject to the liability of his legal representative. In any event this legal representative must comply with these stipulations when passing on personal data. The legal representative must himself compile the registration form or expressly authorise the person he represents to fill out the aforesaid form, with the stipulations relating to the personal data indicated in article 9 below naturally being of application.
Unless proved to the contrary, the data registered by the Vendor constitute proof of all the transactions.
Offers of products are understood to be within the limits of the stocks available and without any particular undertaking on the part of the Vendor.
Article 2: Orders
The Buyer is informed that the goods are entirely handmade by craftsmen. The number of manipulations of the products inevitably makes some variability and imperfections, which are proof that everything is done in a traditional way. The photographs in the catalog are as faithful as possible but, depending on the calibration of your screen, can not guarantee a perfect similarity with the proposed articles, especially with regard to colors.
It is the Customer’s responsibility to use the site to select the products he would like to order from the on-line catalogue. All orders are equivalent to acceptance of the prices and description of the products available for sale. Any dispute regarding this point will come through a possible exchange and through the guarantees mentioned hereunder. The Vendor undertakes to honor the orders received and paid for in full solely within the limits of the available stocks of products. If the product is not available, the Vendor undertakes to inform the Customer of this. Within 48 hours after the order is passed, the Vendor will send the Customer a confirmation of order by email to the email address provided by the Customer.
Article 3: Rates
The products are supplied at the rates in force on the date on which acceptance of the order is confirmed by the Vendor, as announced to the Customer prior to the order placement. The prices are in Euros including VAT and do not include treatment, dispatch and shipping costs. Any potential customs fees will be in charge of the Buyer. An invoice is established by the Vendor and given to the Customer during the delivery of the products that have been ordered. Prices on this invoices are expressed without and with VAT.
Article 4: Payment terms
The price is payable in full, cash by bank card, on the date on which the Customer places the order. The Vendor is not obliged to proceed to deliver the products ordered by the Customer if the price has not been paid to him in full beforehand. No discount will be applied by the Vendor for payment prior to dispatch of the products ordered. Payment of the purchases is accepted exclusively by the following bank cards: Visa, MasterCard, Maestro, or Bancontact/MisterCash. The Buyer guarantees that it is fully entitled to subscribe to the offer proposed by Emma Lamu SARL, and to use the means of payment necessary for this subscription, and that it is not a question of means of payment fraudulently used. He also agrees to this account is sufficiently provisioned to cover the purchases it makes.
Title retention clause
In the event of non-payment by the Customer of part or all of the order price, the Vendor reserves the right of ownership over the products sold until complete payement, allowing the Vendor to regain possession of these products.
Article 5: Deliveries
The products purchased by the Customer must be sent out within 3 weeks (21 calendar days) to the address indicated by the Customer when he places his order on the Internet site.
Except in special cases or if one or several products is unavailable, the products ordered must be sent out in one delivery. Deliveries must be insured by an independent carrier.
The Customer has the choice to have the products delivered either at his/her own address, or at the address of a third party.
The Vendor undertakes to deliver the items ordered as quickly as possible. The average periods taken for items are 2 to 3 weeks.
Any problem or bad workmanship (missing, damaged or faulty item) must be notified to the Vendor within a period of 48 h by email sent to email@example.com. The corresponding returned item must then reach the Vendor within 14 days of receipt. The Vendor must replace, as soon as possible and at his own expense, the products which have been delivered whose apparent faults or defects in conformity have been duly proven by the Customer.
The Vendor undertakes to do his utmost to dispatch the products ordered by the Customer within the periods referred to above. These periods are notified for information and if they are exceeded this cannot give rise to any damages, deductions or cancellation of the Customer’s order.
Delivery is considered to have taken place as soon as the products which have been ordered are given by the Vendor to the carrier.
In case the Customer would have any specific request regarding packing or transport conditions the products ordered, deemed accepted by the Vendor, the resulting costs will be subject to specific additional invoicing, according to prior quotation accepted by the Customer in writing.
The Customer must check the condition of the products delivered and it is essential for him to mention any apparent damage on the carrier’s dispatch note. Warning: the simple mention “subject to unpacking” has no value and does not cover any damage found later. The reservation expressed in writing must be precise and detailed regarding the apparent damage. Reception of the items transported removes the right to take any action against the carrier on account of damage or partial loss, if after 3 days, not including public holidays, following the date of reception, the recipient has not notified the carrier, by registered letter, of his well-grounded objection.
Article 6: Transfer of Ownership – Transfer of Risks
The transfer of ownership of the products from the Vendor and the correlating transfer of risks of loss and deterioration to the Customer take place when the Vendor accepts the order and received full payment for this order, whatever the delivery date of the products.
Article 7: Right of withdrawal
The Customer has a withdrawal period of 7 days following delivery of the products to return them to the Vendor to be exchanged or reimbursed. This provision applies on the express condition that the products are returned by the Customer in their original packaging, intact and in a perfect state for resale within 7 days starting from the date of delivery and accompanied by the return slip, which must be request to the Vendor by email, as well as the original invoice. The return costs will be the exclusive responsibility of the Customer.
The transportation of the returned products is the responsibility of the Buyer; any damage suffered by the products on this occasion being of nature, as recalled hereafter, to check the exercise of the right of retraction. Items returned incomplete, damaged, deteriorated, will not be refunded.
We alert you about products made to measure. In accordance with the provisions of Article L.121-21-8 3 ° of the Consumer Code, any custom product order is firm and final. If you wish to cancel or modify a custom order that is not yet delivered, we invite you to inform as soon as possible to : firstname.lastname@example.org. Depending on the state of manufacture, the costs incurred by Darna SARL will remain your responsibility. The Buyer is also alerted that he will not be able to return and ask for the refund of a product made to measure after delivery, whatever the reason for his request, except written agreement of Emma Lamu SARL.
In the event of unwarranted returns, the Vendor reserves the right to refuse a further order.
In the event of reimbursement, the Vendor must credit the Customer’s card which was used when the products were purchased immediately and at the latest within thirty days of paying the sums issued.
In all cases, any request for an exchange or reimbursement must be carried out by email to the following email address: email@example.com. If the products are returned by a Third Party, only the Customer who purchased the products can claim reimbursement.
In the case of an exchange, if the new order is for a higher amount the Customer must pay the outstanding amount exclusively with a bank card when he requests the exchange. On the other hand, if the amount for the exchanged goods is lower than the initial amount, the Customer’s bank account will either be credited with the difference reimbursed or, in agreement with the Vendor, the Customer will receive a credit for the difference which he can use against a subsequent purchase.
Article 8: Liability of the Vendor – Guarantee
A – Use of the web site
The Vendor only has an obligation to use his best endeavours with regard to all the stages for accessing the site, for the ordering process, delivery and subsequent services.
The Vendor guarantees that the goods, services and functions made available to the Customer, if used in accordance with the instructions provided, are basically in compliance with generally accepted standards, and that the software and all the items produced by the Vendor and made available to the Customer respect the rights of third parties, and generally speaking are not unlawful.
Generally speaking the Vendor is obliged to use his best endeavours. Under no circumstances will the Vendor be held responsible for any direct or indirect damage suffered by the Customer as a result of using the website and/or its content. Likewise, the Vendor is only liable for his own fraud or gross negligence.
The Customer will also ensure that the Vendor is unharmed by any claim, in either of the following cases:
– Loss of business opportunity or revenue associated with the functioning or absence of functioning, or use or lack of use of the website, or the content it either possesses or should possess.
– Illegal or unauthorized intrusion of any third party into the Web server.
– Introduction of a computer virus to the Web server or to the website.
– Temporary blockage of the bandwidth.
– Interruption of the Internet connection service.
The Customer accepts that the items/functions/corporate styles, etc. proposed on the website are likely to change. So, some functions will be removed and others added without the Customer being able to make any particular claim.
Likewise, the Vendor will alone decide on whether or not it is appropriate to include/remove any content presented on the website.
Finally, the Vendor reserves the right, at any time and for any reason whatsoever, to modify or temporarily or permanently interrupt all or part of the access to the website without having to inform the Customer in advance of this.
The same will apply, for example, in the case of maintenance of the website or a significant modification to the services and/or functions offered. The Vendor cannot be held responsible for any direct or indirect damages associated with a modification, suspension or interruption of access to the website, for any reason whatsoever.
The Products are sent by DHL Morocco. The Vendor therefore refuses any liability in the event of the delivery time being too long because of the postal services or means of transport, as well as in the event of loss of Products ordered or strikes. The transport risks are assumed by the Customer, and the latter must request use from the postal services or from the carrier.
In compliance with legal provisions, the products delivered by the Vendor benefit from a guarantee against any hidden faults arising from faulty material, design or manufacture affecting the products delivered and making them unsuitable for use.
No guarantees can be applied in the event of wrongful use, negligence or faulty maintenance on the part of the Customer, or in the case of normal wear and tear on the item or force majeure.
Products sold on the Internet site comply with the regulations in force in Morocco. The Vendor’s liability cannot be brought into play in the case of failure to comply with the legislation in the country in which the Customer intends to use the products, and it is the Customer’s responsibility to verify the legislation of his own country.
The photographs and illustrations accompanying the items on the Internet site do not have any contractual value and cannot therefore involve the liability of the Vendor.
The Customer alone is responsible for the selection of products, for their storage and their use.
The Vendor will not be considered liable or at fault for any delay or breach following the occurrence of a case of force majeure which is recognized in the usual way by Moroccan case law.
Article 9: Information Technology and Freedom
The Vendor reserves the right to collect data about the Customer, in particular when the latter is placing an order or by using cookies (small file sent by an Internet server, which register on the hard disk of a computer. It retains the trace of the Internet site visited and contains a certain amount of information about this visit).
All the personal data is intended for the Vendor’s internal use. This data can be sent to organisations contractually linked to the Vendor.
In accordance with the Law of 8 December 1992 relating to the protection of private life in relation to processing data of a personal nature, the Customer has at all times the right to access and rectify this data and the right of objection if he no longer wishes to be informed of the Vendor’s activities.
To proceed to this, please write to: EMMA LAMU sarl – valeriebarkowski.shop – Client Relations Department, Kaat Ben Nahed, Derb Ouali 18, 40000 Marrakech – Morocco, stating clearly your contact information.
Article 10: Intellectual property
All the information on the Vendor ‘s site, whether in visual or sound form, including the underlying technology, is protected by copyright, trademarks or patents and more generally by intellectual property. It is the exclusive property of the Vendor’s company.
The information, logos, drawings, trademarks, models, slogans, corporate styles, and generally speaking, notifications and their content etc. accessible via the website are protected by the right of intellectual and/or industrial property and are the exclusive property of Valerie Barkowski.
Unless expressly authorized to this effect by the Vendor and/or the third party concerned, the Customer is not authorized to change, reproduce, rent, borrow, sell, distribute or create derived works based wholly or partly on the information appearing on the website. It is consequently prohibited (and the Customer cannot allocate authorization to another party) to copy, change, create a derived work, reverse the design or assembly or in any other way try to find the source code, sell, allocate, sub-license or transfer in any way whatsoever any right relating to the website and its content.
Customers who have a personal Internet site and who wish to place, for personal use, on their site a simple link sending users directly to the home page on the Vendor’s site, must obligatorily request authorization for this from the Vendor.
In this case it will not involve an implicit agreement of affiliation. On the other hand, any hypertext link with directions to the Vendor’s site and using the framing or in-line linking technique is formally prohibited. In all cases, any link, even tacitly authorized, must be removed on simple request of the Vendor. These links are the exclusive property of the Vendor.
Article 11: Contract Validity
These conditions apply for the entire period during which the products are placed on line by the Vendor. If one of the clauses of this contract is null and void because of a change in legislation, regulations or because of a court decision, under no circumstances will this affect the validity of and compliance with these General Conditions of Sale.
Article 12: Signature and Proof
Any customer of the site who does not yet have a customer number must follow a registration procedure which will allow him to obtain his customer number. In all circumstances, the final validation of the order is equivalent to acceptance of the latter by the Customer, in full and at the price indicated. This validation is equivalent to the signature and express acceptance of all the operations carried out on the site. Computer registers, kept in the Vendor’s IT systems under reasonably secure conditions, will be considered to be proof of communication, orders and payments made between parties.
Order forms and invoices are archived on a reliable and durable medium, so that they correspond to a true and long-lasting copy.
Article 13: Applicable law and competence
These conditions are subject to Moroccan law. In the event of a dispute, Moroccan law applies and only the courts in the legal district of Marrakech are competent.
Article 14: Customer’s acceptance
If a physical or moral person places an order on the Vendor company’s Internet site this is equivalent to adherence and full and entire acceptance of these General Conditions of Sale. This is expressly recognized by the Customer, who renounces, in particular, the right to make use of any contradictory document which cannot therefore be used against the Vendor.