General conditions of sale

Warning:

You have just logged on to www.mooi-cosmetics.com. You should carefully read the following terms and conditions as they constitute a contract that sets out the general terms and conditions for the products and services of the online shop. The “click” that you will execute after completing your order form constitutes the validation of your order and will constitute irrevocable acceptance of these general conditions.

Accordingly, you may only order products or services if you agree to the terms and conditions set out below.

ARTICLE 1: Scope of application

The following general conditions of sale govern all transactions established on www.mooi-cosmetics.com website. Any order placed on this website implies the customer’s unconditional and irrevocable acceptance of these conditions.

The parties concerned by the general terms and conditions of sale are: – The user of www.mooi-cosmetics.com website, hereinafter referred to as “Customer”, whether it is a company or an individual and as a result of having read and expressly accepted the present general terms and conditions of sale in their entirety;

BRIGHT BRANDS S. A. R. L., limited liability company with a capital of 100 000,00 MAD, located at BP13 505 Casablanca Principale, Casablanca – Morocco herewith signed “THE COMPANY”.

THE COMPANY reserves the right to amend the present contract General Terms and Conditions of Sale at any time by posting the new version on its website “www.mooi-cosmetics.com”. The website “www.mooi-cosmetics.com” is the property of THE COMPANY in its entirety, as well as all the rights related to it. Any integral or partial reproduction is systematically subject to the authorization of the owners. Links of the hypertext type to the site are authorized without specific requests.

ARTICLE 2: Purpose

The present General Conditions of Sale are intended to define the terms and conditions under which THE COMPANY offers and sells its Products to the Customer. The purpose of this contract is to define the rights and obligations of the parties in connection with the sale of the products of THE COMPANY, on Internet through the various payment methods offered and mainly through Maroc Telecommerce platform.

Maroc Telecommerce is a service of transactions management and a brand established by Maroc Telecommerce S. A.

These general terms and conditions of sale shall prevail to any other conditions contained in any other document, unless preliminary written derogation.

ARTICLE 3: Acceptance of Conditions

The customer acknowledges having read and understood, at the moment of placing the Order, these general conditions of sale and expressly accepts them without reservation. The present general conditions of sale govern the contractual relations between the COMPANY and its customer, both parties accepting them without reservation.

ARTICLE 4: Products

THE COMPANY makes available to the Customer on its website “www.mooi-cosmetics.com” all the products marketed, taking care to provide information as detailed and accurate as possible. All information related to the products appearing on www.mooi-cosmetics.com website (photos, description and indications, texts or graphics, instructions for use, compositions…) are only indicative and do not enter into the contractual field. They are generally based on suppliers information. Any modification of a product by a supplier, can not engage the responsibility for www.mooi-cosmetics.com, nor even affect the validity of the sale.

The customer acknowledges that he or she has chosen the products he or she buys on “www.mooi-cosmetics.com” website under his or her sole responsibility and waives to any claim regarding the achievement of any kind of objective (s) that the customer may have set himself or herself, depending on the use he or she wishes to make of the products. In the event of any need for advice or doubt as to the compatibility of a product (regarding its skin type, for example), the Customer may request advice from THE COMPANY by phone to its customer service department at the opening hours indicated on the website.

ARTICLE 5: Ordering

Automatic registration systems are regarded as proof of the nature, content and date of the order. When ordering, the Customer accepts to provide the required information (name, address, telephone number, email address, etc.) and accepts their treatment by THE COMPANY.

As soon as the Customer has validated his order, he is deemed having accepted with full knowledge of the facts and without prejudice to the prices, volumes and quantities offered, as well as the data collection procedure of THE COMPANY.

THE COMPANY shall confirm the Customer’s acceptance of his order by sending a confirmation message to the e-mail address he has provided. The sale will not be concluded until the mentioned above order confirmation has been sent.

The majority of the products offered by THE COMPANY to its customers are immediately available. It may happen, for certain products offered by THE COMPANY, that the stock of its suppliers is depleted without THE COMPANY having been informed. In such cases, THE COMPANY may suggest to the customer, by e-mail, a replacement product with similar characteristics. The Customer will thus have in this case, either the possibility to cancel his order and ask for a refund of any sums paid within thirty days at the latest of their payment, or the exchange of the product. The unavailability of a product ordered by the Customer may not give right to any compensation whatsoever.

The website www.mooi-cosmetics.com reserves the right to refuse or cancel any Customer’s Order, in particular in the event of the customer’s insolvency, or in the event of a payment default of the order concerned or of an earlier delivery or a dispute relating to the payment of an earlier order. www.mooi-cosmetics.com reserves the right, within the framework of safe order processing procedures, to refuse the confirmation of an order that does not meet its security criteria. The information indicated by the customer, when entering the information contained in his order, are binding on him. www.mooi-cosmetics.com website cannot be held responsible for errors made by the customer in the name and address of the recipient of the Order (delivery address, invoicing address in particular) nor for the delays in delivery or the impossibility of delivering the Products ordered that these errors could cause.

ARTICLE 6: Delivery

After confirmation of the Order by THE COMPANY. THE COMPANY undertakes to prepare and carry out to the Customer the products ordered at the delivery address. The Customer has to choose the carrier, among those offered by THE COMPANY on the website www.mooi-cosmetics.com, through whom THE COMPANY will place the Order. The choice of the carrier will be made at the “Delivery” section of the Order process. The delivery dates are given for information purposes only and shall not constitute an obligation of performance for THE COMPANY. No delay of less than 7 working days will result in a cancellation of an order. Possible delays in delivery due to the carrier or the COMPANY do not entitle the customer to claim any damage and interest.

The delivery of the ordered products is handled by the carrier. Depending on the Customer’s address, this is done either at the address indicated by the customer or, by placing the order at a place of collection designated at the time of the order confirmation. These terms and conditions are specified in the order confirmation email. Any impossibility of delivery due to the absence of the customer at the time agreed upon for delivery or failure to pick up the goods within the agreed period of time may give right to the payment by the customer of additional costs, corresponding to a new delivery of the product initially ordered and which could not have been handed over due to the customer. Upon receipt of the goods, the customer must check the conformity of the delivery to his order (products and quantities ordered) and that the products have not suffered any damage during transport before signing the delivery slip. In the event that a product has suffered any damage affecting its essential characteristics, the Customer must refuse to accept it and inform THE COMPANY within a period of 24 hours following the said receipt. Otherwise, the delivered products will be considered to have been received in good condition.

In the event of loss of parcels during transport, the investigation time with regard to the lost parcel varies according to the carrier. THE COMPANY will inform the client as soon as possible of the investigation results.

It is specified that THE COMPANY will never be required, under any circumstances, to accept a return of merchandise.

Any order which remains in default at the carrier must be acknowledged receipt of it for any reason whatsoever is the responsibility of the customer and as a result all costs incurred by this suffering including transport are at the expense of the customer. For reasons of availability of the Products ordered, an Order may be the subject of several successive deliveries to the customer at his cost.

In the hypothetical where the Customer would like the Products ordered to be delivered to two separate addresses, the Customer should place 2 separate orders.

ARTICLE 7: Price

On the website “www.mooi-cosmetics.com”, prices are expressed according to the Customer’s choice in MOROCCAN DIRHAM (MAD).

The prices of the products and services are expressed in Moroccan Dirhams MAD (incl. VAT). The price indicated on the products sheets does not include transport costs. The selling price of a product can be changed at any time on the website www.mooi-cosmetics.com. Promotional offers are valid only within the limits of available stocks, and allocated to offers, subject to the fulfilment of the conditions related to each offer.

The price indicated in the Order Confirmation is the final price, whose equivalent value in MOROCCAN DIRHAM MAD will be deducted to the Customer. This price includes the price of the products, handling and packaging fees.

An adjustment of transport costs may be made by THE COMPANY in the event that the customer has chosen an erroneous mode of transport while validating his order.

The amount paid by the Customer for his order does not include all taxes, stamps or customs duties that he may have to be paid, these remain the responsibility of the Customer.

ARTICLE 8: Execution of the Order

The order will be processed, at the latest, within 7 days from the day following the day in which the customer has placed his or her order.

In case of unavailability of the Product ordered, the Customer will be informed as soon as possible by email and will have the possibility to cancel his order.

He will then have the choice to request either a refund of the sums paid within thirty days at the latest of their payment date, or the possibility to choose among one of the equivalent Products offered by THE COMPANY.

ARTICLE 9: Method of Payment

THE COMPANY keeps full and complete ownership of the products sold until receipt of the full payment of the main price including any eventual additional costs and taxes.

Payment by credit card:

To pay your order by credit card, you choose the means of payment among those offered by THE COMPANY in the Payment section of the website www.mooi-cosmetics.com(Visa or MasterCard).

In this case, the execution of the transaction to your account will be made within one day following the date of the confirmation of delivery.

Your payment by credit card is secured by Maroc Telecommerce, which offers a fully secure payment service.

The Customer confirms to THE COMPANY that he or she gets the necessary authorizations and rights, to use the payment method chosen by him or her, at the time of the validation of his or her Order. In the event of payment by credit card, the legal measures relating to fraudulent use of the means of payment provided for in the agreements concluded between the Customer and the issuer of the card and between THE COMPANY and its bank will apply.

ARTICLE 10: Right of Retraction

From the date of delivery of your order, you have a period of 7 days to exercise your right of retraction, and be fully refunded. The cost of returning of the goods will remain at your expense. However, only the goods returned in perfect condition of resale, complete and in their original packaging (unopened) will be refunded.

ARTICLE 11: Confidentiality of data

The information collected on www.mooi-cosmetics.com website is being processed for the good progress of the online sales activity of the website www.mooi-cosmetics.com.

The only recipient of the collected data is BRIGHT BRANDS SARL.

In accordance with Act No. 09-08 promulgated by Dahir 1-09-15 of 18 February 2009, relating to the protection of personal data processing, you have a right of access and rectification to the information that you provided to us, which you can exercise by writing to marketing@mooi-cosmetics.com.

You may also, for legitimate reasons, object to the fact that the data which you provide to us may not be used for the purpose of processing your personal data.

This processing has been notified and authorized by the CNDP as a result of the receipt/authorization.

n°……………………………………………. of… /… /………………….

ARTICLE 12: Applicable Law

The present general conditions of sale are governed by Moroccan legislation. For all disputes relating to the present contract between THE COMPANY and a CUSTOMER, the CASABLANCA Commercial Court will be the sole competent court.

ARTICLE 13: Liability

THE COMPANY cannot be held liable for damages of any kind, whether material, immaterial, or physical, which could result from a malfunction or misuse of the Products marketed. The same applies to any changes to the Products resulting from the manufacturers.

The liability of THE COMPANY shall, in any case, be limited to the amount of the order and shall not be held liable for simple errors or omissions which could have subsisted despite all precautions taken in the presentation of the products. In the event of difficulties in the application of this contract, the Client and THE COMPANY reserve the right to seek an amicable solution before any legal action is taken. If necessary, the Commercial Court of Casablanca is the only competent court, regardless of the place of delivery and the method of payment accepted.

ARTICLE 14: Evidence of Transactions Paid by Credit Card

The data recorded by Maroc Telecommerce S.A. on the Maroc Telecommerce platform on behalf of THE COMPANY constitutes proof of all commercial transactions between the Customer and THE COMPANY.

ARTICLE 15: Legal Information

The personal information collected for the purpose of online selling is mandatory, this information being essential for the processing and routing of orders and the establishment of invoices. The lack of information will lead to the non-validation of the Order.

ARTICLE 16: Force Majeure

THE COMPANY shall be held liable for the performance of its obligations only to the extent that no event of force majeure comes to hinder them.

ARTICLE 17: Acceptance of the General Conditions of Sale

Any Customer who has created a Customer Account on the website www.mooi-cosmetics.com, is deemed to have read and accepted these Terms and Conditions of Sale in their entirety.

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