Terms of sale
La Mamounia is a limited company under Moroccan law with a social capital of 620,266,000.00 Dirham listed on the Trade Register of Marrakesh under the number 5383, with its head office at La Mamounia hotel, sis Avenue Bab Jdid, 40 040 Marrakesh – Morocco, telephone number 00 212 524 388 600; individual tax number: 6501226, and edits the website accessible at the following address: http://www.mamouniaboutique.com.
The terms defined below have the following meaning in these General Sales Conditions:
The Mamounia Store: refers to the company issuing the product which ensures cash collection, invoicing, the conformity of the service, and all the obligations relating to the offer, bearing in mind that it may be required to sub-contract some of the services, such as shipping for delivery purposes.
Client: refers to the person who buys a product on the Mamounia Store, bearing in mind that Clients may be the beneficiaries of the service or not according to whether they will be using it personally or not.
Personal data: refers to all the information, of whatever nature and regardless of the support, including sound and image, concerning a physical person who is identified or identifiable.
The Website: Refers to the site: http://www.mamouniaboutique.com.
III- GENERAL SALES CONDITIONS
The Mamounia Store offers users products under its own brand name “La Mamounia” as well as other products from other brands with which La Mamounia has signed a contract to offer their products for sale via the hotel’s store.
Clients are asked to read these Sales Conditions in full, which define the terms and conditions by which the products are sold by the Mamounia Store on the Website.
These General Sales Conditions and all of the documents that are included with it may be modified and updated at any time. It is the responsibility of the Website’s users to read them closely and regularly and accept all of them in full when using the Website and before placing an order.
For further information, or in the case of a non-substantial error, please contact us by email at this address: firstname.lastname@example.org.
ARTICLE 1: PRODUCT INFORMATION AND CHARACTERISTICS
The products from La Mamounia Store that are available for sale on this Website are those that appear on the Website http://www.mamouniaboutique.com.
Each product is accompanied by a photograph of it, its name, its description, its unit price and the quantity to choose. This data (characteristics) is established with the greatest care and precision in accordance with the technical standards of the market.
For further information about a product or another detail that does not appear on the product page, the Client can contact our customer relations service at this e-mail address: email@example.com.
ARTICLE 2: CONFORMITY AND LIABILITY
All the products destined for online sale on the Website are subject to strict quality controls and are inspected closely before shipping. The Client will benefit from a quality guarantee for all these products.
The products destined for online sale on the Website conform to Moroccan legislation in force. We decline any responsibility in the case of non-compliance with the legislation of the country where the products are delivered.
We strongly advise Clients to check with the local authorities of the country of shipment about the possibility of importing or using the products which they intend to order.
Furthermore, we cannot be held liable for potential errors in the storage and availability of the products on the Website, or any damages resulting from the incorrect use of the product(s) purchased.
Finally, we cannot be held liable for any inconveniences or damages inherent to using the Internet, in particular a breakdown in service, the presence of computer viruses, piracy, or other computer security attacks.
With the exception of the cases mentioned clearly in these General Sales Conditions concerning our responsibility to the users and customers of this Website and within the limit authorised by Moroccan law, we decline all other responsibility.
ARTICLE 3: APPLICATION AND OPPOSABILITY
Any order placed by Clients implies their unreserved acceptance and full and complete adhesion to these General Sales Conditions. Thus, Clients acknowledge that they have read the General Sales Conditions before placing the order.
Therefore, these General Sales Conditions only apply for orders placed on the Website.
The Mamounia Store reserves the right to be able to modify these General Sales Conditions at any time. In this case, the new Conditions will apply to any new order, as well as all the operations in progress, from the date on which they were brought to the attention of Clients by whatever means.
These General Sales Conditions are valid as of their publication on the Website. From this date onwards, they cancel and replace all earlier versions of these Conditions.
The Client declares that it has the legal authority, in accordance with article 03 and following of the Dahir which forms the code of obligations and contracts, for contracting and using the Website in accordance with the Website’s General Conditions of Sale and Use. These General Sales Conditions take precedence over any other document issued by the Client, in particular its Purchasing Conditions, unless the prior and explicit agreement of the Mamounia Store has been obtained.
The fact of the Mamounia Store not laying claim to the Contract and/or these General Sales Conditions at a given time may not be interpreted as a refusal to lay claim to them at a later date.
ARTICLE 4: PROCEDURE FOR PLACING ORDERS AND AVAILABILITY
In order to making purchases online on the Website, Clients must agree to the General Sales Conditions indicated in this document. Clients must also agree to use this Website solely for placing orders that are legitimate, not false, or fraudulent.
Clients should then create an account in order to be able to place their first order on the Website. When registering, they must enter their personal data by completing the order form.
This information should be complete, truthful and correct: title, surname and first name, age, postal address, email address, telephone number, delivery address, and invoicing address, and other information needed to validate the registration form.
PLACING THE ORDER
Once Clients have chosen one or more products, the selection is saved.
The Client’s shopping basket is then displayed so that the order can be confirmed and the payment can be made. This summary step presents the selection of products which the Client has chosen with their photographs, descriptions, quantities chosen, unit price of each product, total price of the order and the payment and delivery methods.
During the online order process on the Website, Clients must follow the steps indicated with great care: they are required to complete the information requested at each step, verify the details of the order, the total amount of the order, and modify or correct any errors which may appear before the final confirmation of the order. The confirmation of the order by Clients constitutes proof of purchase and implies their final agreement; which then allows the order to be processed and paid.
Clients receive a summary of the online order by email sent to the email address supplied when registering.
This summary presents the details of the Client’s order: personal information supplied, total price of purchases, payment and delivery methods, delivery and invoicing address and other information concerning the Client’s online order.
We advise Clients to print this summary and keep it. If, after receiving the order summary, Clients notice an error or information that is missing or requiring rectification, they must inform us as soon as possible.
Every order placed is subject to availability and stock. Information about the availability of each product is indicated to Clients on the Website when confirming the purchase.
However, in the case of an exceptional technical error causing a malfunction of the Website or a modification of the products’ stock levels, or even in the case of simultaneous orders being placed by Clients interested in the same product, Clients are asked to contact us before placing an order on the Website.
In this sense, if a purchase order is made and the product request is out of stock, our customer relations service sends an email to Clients as soon as possible.
Clients will have the choice of either ordering another replacement product of the same value as the unavailable product requested or receiving a refund of the amount already paid immediately or at the very latest within fifteen (15) days of the date of receipt of the cancellation of the Client’s order.
ARTICLE 5: PAYMENT METHODS AND PRICE
The payment methods proposed on the Website are: Visa card, MasterCard, Maestro, CMI.
Once Clients have confirmed the online purchase order, the payment will be made in a secure environment which is integrated into this Website and managed by Maroc Télécommerce. This security system uses a data protection protocol and an encryption program. It also guarantees the integrity of the credit card information sent by encryption and ensures that no malevolent program or third person is able to see it.
In this respect, Clients confirm and agree to the credit card being used to make the payment and that they are the titleholder. After payment, Clients’ personal details and credit card details will not be kept by us.
A pre-authorisation request to debit a Client’s credit card for the total amount of the order will be issued, the Client's order is then processed and the account will be debited for the total amount of the order when it is shipped. In the event of this pre-authorisation not being accepted or refused by the Client’s banks, we will be unable to conclude the payment process and the Client will be informed by email.
The price of the products displayed on the Website are in Moroccan Dirham and include VAT calculated at the VAT rate in force on the day the order was placed on Moroccan territory. The prices indicated do not include shipping costs which are indicated to Clients in the order summary. On receipt of the goods, Clients may be subject to duties or taxes in their own country or state.
The Mamounia Store reserves the right to modify the price of the products indicated on the Website at any time; note that the price of the products displayed on the Website is the price in force on the day of the order. However, if an error appears in the price and Clients have placed a purchase order, they will be informed immediately of the error and the correct price of the product will be communicated to them.
If the Clients still agree to confirm the purchase, a summary of the order will be sent to them by email at the address provided when registering. Nevertheless, if the Clients want to cancel the purchase order, they will receive a full refund of the sum paid.
ARTICLE 6: DELIVERY
Unless the products are unavailable or in the event of exceptional circumstances, the Clients online purchase order placed on the Website will be shipped to the delivery address which they provided in the order form within the timescale indicated in the shipping confirmation.
Any incorrect or incomplete delivery address may result in delivery difficulties: additional delay, delivery to an address other than the one agreed, or even reshipping of the Client’s order. Clients undertake to communicate the correct and complete information to us with regard to the delivery address.
Clients do not become the owner of the products of their purchase order until the total amount of the order, including shipping costs, have been paid in full.
Clients’ orders are shipped by our partner DH within 10 days. Clients will be informed of any order that has not been shipped before the shipping deadline; they may choose to continue with their order for a new shipping date or cancel their order. An email informing them of this will be sent to them.
We recommend that once the order has been shipped, Clients verify the conformity of the product(s) ordered.
ARTICLE 7: RETURN OF GOODS - WITHDRAWAL
In the case of a nonconformity with one or more of the products shipped to Clients, or if a defect is found on receipt of the order, Clients have a right of return of seven (7) days from the date of receipt of the order.
Products that do not conform to the Client’s request should, of course, be returned clean and unused in their original condition and in their original packaging.
Clients can return them to us at the following address: Avenue Bab Jdid 40 040 Marrakesh – Morocco.
We inspect the returned products for any nonconformity or defect and we then confirm to Clients within a maximum period of fifteen (15) days whether the returned products can be replaced or refunded.
In the case of a refund, Clients will receive the total amount of their order, including any costs related to shipping and also those paid for returning the products that are the subject of a nonconformity or a defect, if the products have to be replaced.
RIGHT OF WITHDRAWAL
Clients benefit from a right of return of seven (7) days from the date of receipt of the order placed on the Website.
To withdraw, Clients must communicate their withdrawal request to our customer relations service by sending an email stating this fact to the following email address firstname.lastname@example.org or by telephone at the following number 212 524 388 600.
Clients should return the products concerning their withdrawal request, accompanied by a copy of the sales invoice and a return voucher on which the returned products are indicated, to the following address: Avenue Bab Jdid 40 040 Marrakesh – Morocco. After receiving and checking the condition of the returned products and subject to complying with the withdrawal period and reserves indicated above, the Mamounia Store undertakes in turn to refund Clients the total amount of the payments made (paid/received) immediately and at the very latest within fifteen (15) days of the date of receipt of the returned products. Clients must communicate the details of their credit card to us again in order for the refund to be made.
The costs and risks involved with returning the products are the Client’s responsibility.
ARTICLE 8: PRIVACY
The Mamounia Store preserves all the copyrights, trademark rights and other ownership rights subject to the provisions of the intellectual property code.
The information and content appearing on the Website (photographic data, images, drawings, graphics, texts, etc.) are, and remain at all times, the exclusive and full property of the Mamounia Store and its licence holders.
Any full or partial reproduction, modification or use of these brands, illustrations, images and logotypes, for whatever reason and on whatever support, without the express prior agreement of the Mamounia Store, is strictly forbidden and may be subject to prosecution by the latter.
The same applies for all combination or conjunction with all other brands, symbols, logotypes and, more generally, any distinctive sign that aims to form a composite logo. The same applies for any copyright, drawing, template, and patent which is the property of the Mamounia Store.
All the Personal data collected by the Mamounia Store by whatever means are reserved for use by the establishment.
In accordance with articles 7, 8 and 9 of the Law No. 09-08 concerning the protection of individuals with regard to the processing of Personal data, Clients have a right of access, rectification, and opposition with regard to their Personal data. To exercise their rights, Clients can contact the Mamounia Store by mail at the following address: Avenue Bab Jdid, 40 040 Marrakesh – Morocco.
By accepting these General Sales Conditions, Clients agree to provide accurate, sincere and up-to-date Personal data essential for the processing and accomplishment of their order on the Website.
This Personal data supplied by Clients is collected and processed by our customer relations service which is in charge of responding to the request. We undertake to respect and protect this data in an appropriate manner in accordance with the law concerning the protection of Personal data.
However, Clients are informed that any personal information collected (surname, first name, postal address, email address, shipping and invoicing address, or telephone number) may be communicated to our sales partners for the correct fulfilment of their order.
In all cases, the use of Clients’ details is only possible in the event of recourse to a third-party service provider or in order to settle a dispute.
Bank details communicated by Clients when paying electronically on the Website is collected, processed and then saved by the online payment service provider Maroc Télécommerce.
ARTICLE 9: ARCHIVING OF THE CONTRACT
All of the data concerning the contracts concluded on our Website (General Sales Conditions in force on the day of this order) is archived for a period of 10 years.
Clients can always request a copy of their archived contract from our customer service. The requests must be sent by email to email@example.com or by mail to Avenue Bab Jdid - 40 040 Marrakesh - Morocco.
ARTICLE 10: APPLICABLE LAW AND GENERAL INFORMATION
SETTLEMENT OF DISPUTESThese General Sales Conditions and all of the documents that are included are governed by Moroccan law regardless of the Client’s country of residence and the place where the order was delivered. Complaints must be sent by email to the customer relations service at the following address: firstname.lastname@example.org.
Any dispute concerning the processing, fulfilment or cancellation of the contract agreed between the Mamounia Store and Clients, should be subject to an attempt to find an amicable solution between the parties before any legal proceedings are engaged. If necessary, the dispute will be brought before the Commercial Court of Marrakesh.
FORCE MAJEURELa Mamounia may not be held liable in the event of the non-fulfilment or a delay in the accomplishment of one of its obligations described in these General Transport and Shipping Conditions are a result of a case of force majeure or in the event of a justified delay for a serious reason.
The term force majeure is understood as any act or event that is unpredictable, irresistible and beyond the control of the parties. The continuation of an event of force majeure for a period of sixty (60) days will result in the cancellation of the transport and shipping service without payment of any compensation.