Sales contract for cosmetic products

Company name: Ard Wa Samaa Store SARL  
Registered office: N° 367 Bis, Rue de Bab Agnao, Kasba, 40040 Marrakech  
Legal form: SARL  
Capital: 100,000 MAD  
RC: 103003  
IF: 42780602  
TP: 55000414  
ICE: 00237644400057  
Email address: info@aws-store.com

Tel: +212 660-13 22 26  
Assistance from 10:00 to 17:00 via Whatsapp (Closed on Fridays)

Introduction

Ard Wa Samaa Store SARL (hereinafter referred to as "the Company") offers for sale cosmetic products, pure vegetable oils, essential oils and hydrolates (hereinafter referred to as "the Products") on its website https://aws-store.com/ and its sub-domains (hereinafter referred to as "the Site").

These general terms and conditions of sale (hereinafter referred to as "the GTCs") are intended to define the rights and obligations of the parties in the context of the online sale of the Products by the Company to consumers (hereinafter referred to as "the Customers").

Article 1 - Purpose

These GTCs govern the online sale of the Products by the Company to the Customers on the Site.

Article 2 - Prices

Prices and taxes

The prices of the Products are indicated in MAD, USD, EUR, CHF (and all currencies accepted by PAYPAL) including all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.

International shipping

In the case of an order to another country, shipping costs, customs duties and other local taxes, import duties or state taxes may apply. These duties and sums are not the responsibility of the Company. They will be the responsibility of the Customer and are his/her sole responsibility, both in terms of declarations and payments to the competent authorities and bodies of his/her country. The Customer is invited to inquire about these aspects with his/her local authorities before placing an order.

Payment

The payment options available depend on the Customer's country of residence. The Customer must select his/her country from the drop-down list during payment to see the currency and payment method options available.

The Company accepts payments in the following currencies:

MAD (Moroccan dirham) USD (US dollar) EUR (Euro) CHF (Swiss franc) (and all currencies accepted by PAYPAL)

The Company reserves the right to modify its prices at any time. The Product will be invoiced at the rate in effect at the time of the order validation and subject to availability.

Article 3 - Orders

Ordering process

The Customer can place an order on the Site by following the following steps:

Selection of Products: The Customer selects the Products he/she wishes to order by adding them to his/her cart. Creation of an account or connection: The Customer creates an account or connects to his/her existing account. Entry of delivery and billing information: The Customer enters his/her delivery and billing information. Selection of the payment method: The Customer selects the payment method of his/her choice. Validation of the order: The Customer validates his/her order by clicking on the "Validate the order" button.

Order confirmation

The Company sends the Customer an email confirming the order, summarizing the information of the order, the Products ordered, the total price of the order (shipping costs and taxes included), the payment method and the delivery times.

Article 4 - Order validation

Validation of the order by the Customer implies his/her full and complete acceptance of the GTCs.

Article 5 - Payment

The payment of the order must be made at the time of the order validation.

The Customer can pay for his/her order by credit card via the secure PAYZONE system, PAYPAL (and by Cash On Delivery in Morocco only).

Article 6 - Withdrawal

Withdrawal period

The Customer has a period of 14 days from the receipt of the Products to exercise his/her right of withdrawal without having to justify his/her reasons or pay a penalty. However, if the Products have not yet been shipped, the Customer has no withdrawal period.

Exercise of the right of withdrawal

To exercise his/her right of withdrawal, the Customer must inform the Company of his/her decision to withdraw by sending an email to the following address: info@ardwasamaa.com.

Effects of the withdrawal

In the event of a withdrawal by the Customer, the Company will refund all payments made, excluding shipping costs, within a period of 14 to 21 days from the notification of the Customer's decision to withdraw.

The Company will make the refund using the same means of payment as that used by the Customer for the initial order, unless the Customer has expressly agreed to another means of payment or if the initial means of payment is not possible for reasons of traceability.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to the following Products:

Products made to the Customer's specifications or clearly personalized. Products that are likely to deteriorate or expire rapidly. Products that have been unsealed by the Customer after delivery and cannot be returned for reasons of hygiene or health protection. Products that, after delivery and by their nature, are inseparably mixed with other items.

Article 7 - Availability

The Products are offered as long as they are visible on the Site and within the limit of available stocks. For Products not in stock, the Company's offers are valid subject to availability from its suppliers.

In case of unavailability of a Product after the Customer's order, the Company will inform the Customer by email. The Customer's order will be automatically cancelled and no bank debit will be made.

In case of debit, the company will proceed with the refund of the amount of the unavailable products.

Article 8 - Delivery

Delivery times

The Products are delivered to the delivery address indicated by the Customer at the time of the order, within the time limit indicated on the order validation page.

The Company undertakes to deliver the Products within a maximum period of 30 days from the order validation.

In case of a delay in delivery, the Company will inform the Customer by email. The Customer will then have the choice to cancel his/her order and be fully refunded or to maintain his/her order and receive the Products within an additional reasonable period of time.

Delivery by carrier

In case of delivery by carrier, the Company cannot be held responsible for a delay in delivery due exclusively to the unavailability of the Customer after several proposals for an appointment.

Reception of the Products

Upon receipt of the Products, the Customer must check the condition of the Products and report to the Company any anomaly noticed within a period of 36 hours from the receipt of the Products. After this period, the Customer will no longer be able to claim an anomaly of the Products.

Article 9 - Guarantee

Legal guarantee of conformity

The Products benefit from the legal guarantee of conformity provided for by Article 67 of Law No. 31-08 enacting measures for the protection of the consumer promulgated by Dahir No. 1-11-03 of 14 Rabii I 1432 (18 February 2011).

The Customer can exercise his/her right to the legal guarantee of conformity by contacting the Company by email at the following address: info@aws-store.com

Time limit for exercising the right

The Customer can exercise his/her right to the legal guarantee of conformity within a period of two weeks from the delivery of the Products.

Effects of the legal guarantee of conformity

In case of non-conformity of the Product, the Customer can choose between:

The replacement of the Product A reduction in the price of the Product The termination of the contract and the refund of the Product

Article 10 - Liability

The Company cannot be held liable in case of non-compliance with the legislation of the country where the Product is delivered. It is the responsibility of the Customer to check with the local authorities the possibilities of importing or using the Products or services that he/she is considering ordering.

Furthermore, the Company cannot be held responsible for damages resulting from misuse of the Product purchased.

Finally, the Company cannot be held liable for all the inconveniences or damages inherent in the use of the Internet network, in particular a service interruption, an external intrusion or the presence of computer viruses.

Article 11 - Applicable law in case of disputes

These GTCs are subject to Moroccan law. The language of this contract is French.

In case of a dispute, the Customer agrees to contact the Company in order to find an amicable solution. Failing an amicable agreement, the Moroccan courts will have sole jurisdiction to hear the dispute.

Article 12 - Cancellation

The Customer has the right to cancel his/her order before the Product is shipped. In this case, he/she will be fully refunded. If his/her cancellation request is received after the Product has been shipped, the procedure applied will be that of the right of withdrawal.

Article 13 - Modification of the GTCs

The Company reserves the right to modify these GTCs at any time. The modifications will be applicable to new orders placed as of the date of publication of the modified GTCs on the Site.

Article 14 - Integrality

These GTCs constitute the entirety of the agreement between the parties and prevail over any other communication, proposal or agreement, whether oral or written, anterior or contemporaneous.

Article 15 - Proof

The communications, orders and acceptances between the parties may be proved by any means, including by email, fax or screen printing.

Article 16 - Waiver

The fact that one of the parties does not avail itself of a clause of these GTCs or delays its application shall not be interpreted as a waiver of its part of the said clause or of the exercise of its subsequent rights.

Article 17 - Nullity

If one or more clauses of these GTCs are declared null or unenforceable, the other clauses shall remain in force and shall have their full effect.

Article 18 - Intellectual property

All the elements of the Site, including the texts, images, logos, sounds and videos, are protected by copyright and intellectual property law. It is forbidden to reproduce, represent, distribute or exploit any element of the Site without the express and written authorization of the Company.

Article 19 - Applicable law and jurisdiction

These GTCs are subject to Moroccan law. In case of a dispute, only the Moroccan courts will have jurisdiction.

Done in Marrakech, on May 13, 2024

The Company

Ard Wa Samaa Store SARL

EVERY ORDER IMPLIES THE EXPRESS AND UNRESERVED ACCEPTANCE OF THESE TERMS AND CONDITIONS BY THE CUSTOMERS