Terms and conditions of sale

I. SCOPE OF APPLICATION

1.1 These general terms and conditions ("GTC") govern all sales of products offered on the ikkocosmetics.com website. This website is managed by Exporting Partner.

Exporting Partner is a Moroccan limited liability company, registered under the number 596563 (RC Casablanca) and whose head office is located at 265 Bd. Zerktouni 9th floor n°92 Casablanca.

1.2 The placing of an order for products implies the customer's full and unreserved acceptance of these terms and conditions.

In accordance with the law, these GTC constitute the basis of the commercial negotiation and consequently prevail over any contradictory provisions that may derive from the customer.

II. DEFINITIONS

Customer : Any individual or legal entity purchasing Products from the Vendor.

Order : Action for the customer to accept these conditions by ticking the box "I have read and accept the general sales conditions", select a product on the order page and validate the order process, according to the conditions set out in article 3.

Contract : a set of documents comprising the customer's order, these GTC and any potential specific agreements between the parties.

III. ORDERS

3.1 The order is placed with the seller by the customer by selecting one or more products which, in accordance with the selection, the customer places in his "basket".

3.2 Before validating the Order, the Customer expressly accepts these General Terms and Conditions of Sale by ticking the box "I have read and accept the General Terms and Conditions of Sale".

3.3 The order is only validated once the customer has provided all the information required to process the order.

This information is as follows:

Customer name, delivery address, city, e-mail address, telephone number

3.4 The customer guarantees the accuracy of all such information. Should any or all of the delivery addresses prove to be incorrect, thus obliging the seller to return the orders to its warehouse, the customer will bear the consequences and the seller will be entitled to charge administrative and transport costs for the return of the orders.

3.5 The customer's order will be systematically confirmed by e-mail, to the address indicated by the customer when placing the order. This confirmation e-mail will include an invoice in the customer's name, summarizing the identifying features of the order.

3.6 In order to track the order, the customer may contact the seller's customer service department at the following e-mail address: [email protected].

3.7 The seller reserves the right to refuse an order from a customer with whom there is a dispute concerning the execution or payment of a previous order, or where the customer has not complied with these GTC.

IV. PRODUCT AVAILABILITY

4.1 Orders are placed within the limits of the Seller's available stock. In the event of stock shortage, the Vendor will inform the Customer, by one of the available means of communication, of the additional time required for new production, partial delivery or cancellation of the Order.

On receipt of this information, the customer who pays online will be entitled to a refund of the price of the unavailable product ordered within thirty (30) days of the complaint.

4.2 In the event of stock shortage, the Vendor cannot be held responsible for the material impossibility of fulfilling the Order. In such a case, the Vendor undertakes to reimburse the Customer for the costs corresponding to the partial or total cancellation of the Order, in proportion to the cancelled part of the Order, including the corresponding shipping costs. The same applies to any additional delivery charges incurred as a result of such cancellation.

V. DELIVERY

5.1 Products are delivered in Morocco to the delivery address indicated at the time of ordering. In order to optimize delivery, it is advisable to provide an address to which the Order can be delivered during working hours.

5.2 The delivery times indicated are average times, provided for information only, and may vary depending on the destination.

5.3 The average delivery time for Morocco is 48 working hours.

VI. PRICES

6.1 Prices are indicated on the website in MAD, inclusive of all taxes in force in Morocco.

6.2 Prices are subject to change without notice.

VII. PAYMENT

7.1 To pay for your order, you choose the method of payment among those proposed by ikkocosmetics.com on the payment page.

In the case of online payment, the transfer of the transaction to debit your account takes place within one day from the date of delivery confirmation.

7.2 Your multi-channel payments are secured by the "Centre Monétique Interbancaire" (CMI), which offers a fully secure payment service.

7.3 The consumer guarantees Exporting Partner SARL that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form.

7.4 In the event of payment by credit card, the customer guarantees that he/she has the necessary rights to use his/her payment card and that he/she is fully authorized to use it to pay for the order. He also guarantees that this card gives access to sufficient funds corresponding to the amount of the order. Failing this, the Vendor reserves the right to cancel the sale before dispatch.

7.5 The Vendor uses a secure method of payment. Consequently, the Vendor cannot be held liable in the event of fraudulent or abusive use of the Customer's means of payment, over which the Vendor has no control.

7.6 The provisions relating to the fraudulent use of means of payment set out in the contracts concluded between the consumer and the card issuer, or between Exporting Partner and its bank, shall apply.

VIII. PROOF OF CREDIT CARD TRANSACTIONS

The data recorded by CMI on the multi-channel payment platform on behalf of Exporting Partner constitutes proof of all commercial transactions between the Client and Exporting Partner.

IX. PRODUCT COMPLIANCE

9.1 On each delivery of Products, the Customer must immediately check that the delivery received conforms to the Order placed. This check is carried out according to criteria which, unless otherwise agreed in writing, are as follows: compliance with the place and method of delivery, compliance with the type and quantity of Products delivered in relation to the quantity accepted and recognized by the carrier at the time of loading, and the condition of the packaging boxes.

9.2 If necessary, the customer must make clear and precise reservations on the carrier's packing slip. At the same time, the customer must also send a copy of the letter to the seller by registered letter with acknowledgement of receipt.

9.3 If the product delivered to the customer does not comply with the order, the customer may return it to the seller at the time of delivery.

9.4 If non-compliance is proven and confirmed by the seller, the customer may request the seller :

- or have a product delivered that conforms to the one ordered (provided it is in stock);

- or have a product of equivalent quality and value delivered (provided it is in stock);

- or be reimbursed for the price of the Product within thirty (30) days of the complaint (in the case of online payment).

9.5 In the event of proven non-conformity, the costs of returning the Product ordered and delivered to the Customer, as well as any delivery of another Product, shall be borne by the Seller.

X. RETENTION OF TITLE

10.1 The Vendor retains full ownership of the Products until the Customer has paid the price and ancillary costs in full and the Vendor has collected the sums due under the Contract.

10.2 The implementation of the present retention of title clause shall have no effect on the transfer of risks to the customer, which occurs upon receipt of the products by the latter.

XI. USE OF THE WEBSITE AND PERSONAL INFORMATION

11.1 Use of the website does not confer any rights. All rights used or represented on the website remain the exclusive property of the seller and may not be reproduced, distributed, sold, marketed or used for purposes other than personal by users, whether customers or not, without the seller's prior written consent.

11.2 Access to the Web site is provided "as is", on an "as available" basis and without warranty of any kind from the Seller. It must be used at the user's own risk. The seller does not warrant that (i) the website, the content and the products offered fully meet the user's expectations, (ii) the website is uninterrupted and error-free, or (iii) the website is free of viruses.

11.3 Computerized records are kept in the seller's computer systems under reasonable security conditions, as proof of communications, orders and payments made by the customer. Purchase orders and invoices are filed on a reliable and durable medium. The Vendor takes all measures to ensure the confidentiality of exchanges and transactions on the Internet.

11.4 Customers have the right to access, modify and delete their personal data. More specifically, when an order is placed and the customer provides his personal data, he is asked to give his authorization,

(i) if he/she wishes to receive information on the Vendor's Products and newsletter,

(ii) if he/she agrees to his/her data being shared with the seller's partners;

(iii) for the purposes of secure payment guaranteed on the website.

11.5 In the absence of the Customer's express agreement by clicking on each of these elements, the Vendor undertakes not to make such use of them.

XII. LIABILITY

12.1 In any event, the amount of the Vendor's liability to pay compensation for direct damage alone is limited to the total amount of the Orders actually paid by the Customer.

12.2 The seller is also not responsible for the content of websites to which hyperlinks may be redirected from its own website.

XIII. FORCE MAJEURE

13.1 The Seller may not be held liable for failure to meet any of its commitments to the Customer if such failure is due to an event of force majeure such as war, strike (internal or at one of its service providers), sortie, accident, fire, snow, flood, bad weather, interruption or suspension of means of communication and/or transport, blockage, blockage of exports, prohibited import or export, cessation of production or transport, regulatory decision by an administrative control body, etc.

13.2 In this situation, the seller will inform the customer of this impossibility and of the measures taken to remedy it.

XIV. INTELLECTUAL PROPERTY RIGHTS

14.1 The Products contain graphic, visual and textual elements as well as illustrations (the "Intellectual Property Rights"), all of which are protected by copyright, image rights, design rights or trademark rights, the holders or owners of which are either the Seller or third parties.

14.2 Whenever possible, Seller shall identify the authors and/or owners of such intellectual property rights in the product bibliography. If a person or entity recognizes one of these elements on which it can exercise rights and which is not completely identified or not identified, the Seller remains available to receive such a claim.

14.3 Failure to mention the owner or author shall in no way be considered as rendering intellectual property rights exempt from exploitation. The rights of use, representation and reproduction of the products shall continue to be held by the seller or by the holders of the rights indicated.

14.4 Any reproduction, copying, imitation, publication, communication, marketing or use for commercial purposes of one or more of the intellectual property rights, on any medium whatsoever, in whole or in part, may not be made without the prior written authorization of the rights holders.

XV. LAW OF DISPUTES / APPLICABLE

15.1 These GTC, in addition to any contract concluded under the GTC, are subject to Moroccan law. The contractual information is presented in the French language and the products offered for sale comply with Moroccan legislation.

15.2 The Commercial Court of Casablanca shall have sole jurisdiction over any dispute relating to the contract and/or the application of these GCS.