1. INTRODUCTION:

The electronic catalogue “MarrakechCraft” realized by Insel includes the following information:

– Corporate ID: SARL Insel

– Email: contact@MarrakechCraft.com

– Presentation of the main characteristics of the suggested goods.

– Indication of product price in euro, all taxes included (+ participation in delivery fees if included in the price of sale).

– Indication of means of payment, delivery and execution.

– Duration of offer’s validity and price.

The client acknowledges having, before making the order, read all of the information mentioned in the General Terms and Conditions of Sale, and their procedures. The Client declares being able to conclude this agreement.

2. OBJECT:

These General Terms and Conditions of distant sales define, for the Clients, the rights and duties of the parties concerned with the distant sales of the goods suggested in this electronic catalogue. The offer is valid as long as stocks last.

3. ORDER TAKING:

Any order form signed by the Client via the “validation click” constitutes an irrevocable approval of the Client and shall only be questioned in cases related to the articles “right of withdrawal” and “order execution” mentioned in this Agreement. As soon as the order is confirmed by mail to MarrakechCraft, the user becomes a client.

The following contractual documents:

– The general terms and conditions of sale

– Order form

– The invoice, which stands for a warranty form and has a decreasing hierarchical legal value.

– The “validation click” associated to the authentication and non-repudiation process and to the protection of all of the messages, constitutes an electronic signature. This electronic signature has the same value as a handwritten signature between the parties.

4. ORDER CONFIRMATION:

The execution of the agreement shall only occur when the order is confirmed by MarrakechCraft. The Client will receive an acknowledgement of receipt via e-mail, fax or mail, which mentions the order confirmation containing all the constituting elements of the contract (ordered goods, price, delivery date, shipping costs). This confirmation by mail stands for MarrakechCraft consent of the order and the means of payment.

MarrakechCraft reserves the possibility of not confirming an order for reasons of its own, either due to a supply problem or to a problem regarding the received order.

5. OFFER VALIDITY:

The offers contained on this website are valid as long as the goods suggested therein are kept on line, while stocks last. MarrakechCraft commercializes numerous limited series of goods, which are by definition very demanded and not re-manufactured; therefore, no compensation of any kind will be given for an ordered product which ran out of stock during that time, and thus is not deliverable.

6. PRICE – INVOICE:

The prices on the website are in Euros. The price warranted to the buyer is that expressed on the website at the moment of purchase for a 30 days period. The price fixed at purchased is firm and final, and does not take account of the participation in delivery fees invoiced in addition to it. Prices do take account of the TVA applicable on the day when the order is made. Any change in the applicable rate shall be reflected on the selling price of the goods exposed on the website.

Paying the totality of the price shall be done at the moment of ordering. The Client is the only responsible for verifying the possibilities of importing the ordered goods in regard of territory laws of country of delivery.

An invoice will be sent by MarrakechCraft to the address provided by the client, along with his/her order.

7. PAYMENT:

Paying the totality of the price shall be done at the moment of ordering. The client agrees to pay the price mentioned on the order form (goods’ price and shipping costs), and to pay or make pay, if need, directly to the transit agent or to the transport agent, the customs, the TVA and other taxes related to the importation of goods in the country where the delivery takes place. The payment shall be achieved, at the moment of ordering, by cash card as suggested on the website, by transfer.

In order to make sure payments are safe on its website, This service includes the “SSL” safety standard. Confidential data (the 16 figures number of bank card and expiration date) are transmitted encrypted (coded) to the banks’ servers and are not transmitted to our server. At no time do we disclose your account information.

As stipulated on the website, in case of payment by cash card, and as soon as the order form is sent to MarrakechCraft, clauses relating to fraudulent use of the mean of payment intended in the agreement between the Clients, the card issuer, MarrakechCraft and its bank are applied. The Client grants to MarrakechCraft that he/she has the eventually necessary authorizations to pay by credit card, at the time the order form is validated. The credit card data are neither owned nor maintained by MarrakechCraft at payment. The validation of the order by means of the cash card number and expiration date count for mandate for paying the price mentioned in the invoice (taxes and participation to shipping costs included) which the payment server transmits to the credit institution of the client. In case of dispute on the billing party, the amount, which is not debatable, must be paid at the contractual maturity date scheduled, the amount disputed on being paid when dispute is resolved.

If non-receipt of the cheque or transfer within a period of 8 days following the order confirmation by MarrakechCraft, or if cheque is rejected by the bank, MarrakechCraft reserves the right to cancel the order.

8. DEFAULT IN PAYMENT – PROPERTY RESERVE:

The goods order are the property of MarrakechCraft and remain so until the final and whole payment of their prices accordance with the terms of law n° 80 335 of may 12th, 1980.

MarrakechCraft reserves the right to claim the return of the goods in case of default in payment. In that case and on first demand of MarrakechCraft, the client agrees to return any product left unpaid, and to bear all costs.

9. DELIVERY:

The delivery bill given back to the transport agent, dated and signed by the client at the moment of delivery shall be considered as evidence of transportation and delivery. At delivery, the client will have to check the contents, the conformity and the condition of the goods before signing the receipt form of the package. If the client finds anomalies, he/she must refuse to accept the goods and hand them back to the transport agent, or make a clear note of these anomalies. This note must be confirmed by the transport agent by registered letter with receipt form during the 3 working days following the package delivery. A copy will be sent to MarrakechCraft. Anything sent to MarrakechCraft shall be in registered letter and enhanced packaging.

Due to generated cost, an inclusive participation to fees is required. It is established as mentioned on the website, in the “delivery information” tab. A confirmation of your order’s departure is sent by e-mail.

In case of a multiple order including goods of different delivery dates, the goods will be sent gradually, as long as each part of the order exceeds the threshold of free delivery.

Otherwise, and unless expressly agreed, the order’s remainder will be expedited once completed. The client has the possibility to require the package to be sent to another address, if it is that of the payer.

10. DELAY IN DELIVERY AND UNAVAILABILITIES:

If an ordered product is unavailable, the client will be informed as soon as possible and shall choose among the following possibilities: waiting for the availability of the product- having a credit to use for a subsequent order – asking for the reimbursement of the unavailable good. In this case, the reimbursement shall occur during a period of 30 days following the reclamation, at the latest.

11. COMPLAINTS:

Complaints for non-conformity of delivered product(s) with the order must be made in writing with corresponding pictures which justify the non-quality and shall be directly sent to MarrakechCraft, and that, immediately after the delivery, to the following address: contact@MarrakechCraft.com. The same complaints must be notified in the same terms to the transport agent. The Client must keep the packaging and the delivery form.

In case of product error, the client agrees to return the product within 7 days after the delivery to MarrakechCraft, on condition that the product is returned in the state and packaging of origin.

Upon receiving the product in the right form, MarrakechCraft will send back, at its expense, the product initially ordered.

12. NOMINATIVE DATA:

The collected data are necessary to the order processing and shall be transmitted to the contractual partners of MarrakechCraft.

13. ELECTRONIC SIGNATURE:

The “validation click” stands for an electronic signature. The latter has the same value between the parties as a handwritten signature.

14. EVIDENCE:

The computerized registries, kept in the computer systems of “MarrakechCraft” in safe conditions will be considered as evidence of communication, orders and payments between the parties.

Archiving of order forms and invoices is performed on a reliable and sustainable support that can be used as evidence.

15. INTELLECTUAL PROPERTY:

All intellectual property rights attached to goods, and assigned, through these general terms and conditions of sale to the Client, fully remain the property of the fabricants. This also applies to brands, drawings and models, copyrights and other rights which remain the exclusive property of their assigns.

Any reproduction or utilization of one of the intellectual property rights mentioned above is subject to prior express consent delivered by the assigns.

16. DISPUTES:

Any issue or dispute arising as a result of this agreement shall be dealt with via arbitration. The language of arbitration procedures is French.

17. FULL CONTRACT:

These general terms and conditions of sale reflect all the obligations intended upon parties. No other general or particular term expressed by the client can be included in this contract or derogate from these general terms and conditions.

18. VOID:

If any provisions in these General Terms and Conditions of Sale are void or revoked by the courts, or following a jurisdiction’s decision, the remaining provisions remain in force.

19. RETRACTION:

As a customer, you have a period of 7 days to exercise your legal right of retraction, and without justification requirement.