General Sales Terms and Conditions

JARDIN MAJORELLE is a company limited by shares with a capital of 15,300.00 MAD, listed in the Marrakech Registry of Commerce under the number 16.045; whose headquarters are situated at Avenue Yaacoub El Mansour (Dar El Baraka) / Jardin Majorelle in  Marrakech, Kingdom of Morocco (hereafter referred to as the “Company”) and whose principal activity is the operation and maintenance of the Jardin Majorelle and its annexes in Marrakech.

In addition to the above activity, the Company owns the internet domain name jardinmajorelle.com (hereafter referred to as the “Site”).

In order to best serve its clients, and in parallel to the boutique at the Jardin Majorelle, the Company has established an online sales platform featuring a selection of products available at the boutique. The term “Client” hereafter refers to the person invoiced by the Company.

The General Terms and Conditions (hereafter referred to as the “GTC”) are outlined here in order to define the rights and obligations that parties will have related to online sales concluded exclusively by means of the website http://www.jardinmajorelle.com and only concerning the products appearing therein (hereafter referred to as the “Products”).

By ordering through the Site, the Client acknowledges to having read carefully, understood and unconditionally accepted the provisions in these GTC. All orders placed through the Site imply that the Client has unconditionally accepted these GTC.

The following GTC list all the obligations of the concerned parties, with the understanding that any general purchase conditions on the part of the Client and any other conditions, whether implicit or explicit, are expressly excluded. Unless agreed to by the Company, no other conditions or proviso can overrule or take precedence over these GTC.

The Company may modify these GTC at any time. When a Product is ordered by the Client, the applicable GTC are those in effect the day and hour the order has been paid, as indicated on the corresponding invoice.

 

Conditions concerning orders

Before placing a first order through the Site, the Client will be asked to create a password. The Client will be responsible for any charges arising from the use of the password. The Client agrees to keep the password confidential and to inform the Company within 24 (twenty-four) hours of any violation of the GTC or any unauthorized use of the password. The Company will not be held responsible for any unauthorized use of the password.

Orders are accepted subject to availability of stock and production capabilities. With that in mind, the Client is informed of the estimated delivery date as of the moment a product is ordered.

The estimated delivery date is for general reference only, and although the Company will make every effort to respect the date, it cannot be held contractually responsible in the event of a delay. In other words, a delay concerning the indicated delivery date cannot be used as a reason for canceling the sale between the Client and the Company.

It should be noted that at the moment an order is placed, the Company collects the following personal information regarding the Client: name, login name, email address and password used for the Site, telephone number, home address, delivery address and payment method. This information is necessary for the fulfillment of an order and may be shared with the Company’s contractual partners, in particular in connection with the order and subject to the conditions of the Article “Use of information” below.

It is expressly understood that the Products ordered remain the property of the Company until the invoiced amount has been paid in full.

 

Product availability and price

The Products offered for sale by the Company are those that appear on the Site on the day the Client has consulted the Site and depending on stock availability. In the event that a product is out of stock, the Client will be informed within eight (8) days from the validation of the order. In this case, the Client has the following choice: (i) to cancel the order, and receive a refund by wire transfer within fifteen (15) days or (ii) to exchange it for another Product or Products by sending an email to the following address: boutique@jardinmajorelle.com

All orders, regardless of where the Client lives or where the Product(s) are delivered, are payable in MOROCCAN DIRHAMS (MAD).

The prices shown on the Site are in Moroccan Dirhams (MAD), including Moroccan taxes and excluding costs associated with packing and shipping. Although these prices may vary throughout the year, the invoiced price is that which is in effect at the moment the order has been placed.

Any packing and shipping costs are the responsibility of the Client.

The Client accepts that any orders shipped by the Company will be subject to the sales tax applicable and in accordance with the Tax Code of the country where the Product(s) will be shipped. The tax is estimated at the moment the order is placed; a final sales tax will be shown on the email confirming the order placed by the Client and the delivery note.

 

Payment protocole

Placing an order through the Site is subject to strict compliance with the steps shown in the series of screens as they appear and which end with the validation of the order.

The sale is executed by debiting the bank card provided by the Client, who expressly accepts the transaction. The Client’s bank card is debited within a maximum of six (6) days after the order has been placed. In the event that, for whatever reason (e.g., canceled card, payment rejected by the card provider, etc.), payment due by the Client is rendered impossible, the Company will consider the order null and void.

The Client confirms and guarantees (1) that the information the Client provides with respect to the order, and in particular the information relative to the Client’s credit card is truthful, correct, complete and in accordance with these GTC and (2) that the charges incurred by the Client will be honored by the company that has issued the Client’s credit card.

In the event of an unpaid charge due to the fraudulent use of a bank card, information relative to the placement of the order will be forwarded to the Bank of Morocco and included in its dossier with respect to the non-payment in question. An inaccurate declaration by the Client or other anomaly could also result in a specific inquiry by the Bank of Morocco.

 

Order confirmation

Once the order has been placed by the Client, a page will appear on the Site stating that the Company has acknowledged the order. An email confirmation will be sent shortly after the order has been placed to the email address the Client has provided. If an email confirmation has not been received by the Client within twenty-four (24) hours after the order has been placed, the Client should contact the Company for assistance by sending an email to the following address: boutique@jardinmajorelle.com

 

Shipment

Orders are shipped on business days, i.e., from Monday through Friday, with the exception of holidays, from 9:00 a.m. to 4:00 p.m.

Orders received before 12 noon (Morocco time) will be shipped the same day; orders received after 12 noon will be shipped the following day.

If an order has not been shipped, has been incorrectly shipped, or if the shipment is missing Product ordered or includes a damaged or defective Product, the Client should contact the Company for assistance by sending an email to: boutique@jardinmajorelle.com

Every order is considered to have been delivered to the Client when noted as such by the control system used by the delivery service.

 

Copyrights and royalties

All intellectual property rights (including but not limited to copyrights, trademarks, commercial names, logos, etc.) concerning tangible or intangible elements conveyed to the Client by the Company in the GTC, including but not limited to photographs, captions, catalogues and their content, the organization, product line, compilation, automatic translations, digital conversion, and in broad terms all the elements associated with the Site and the Products featured within, remain the exclusive property of the Company.

The company grants no licenses to the Client involving intellectual property rights related to elements in these GTC. These intellectual property rights remain the sole property of the Company, and the Client agrees to not publish, report in any way, reproduce, translate, adapt or use, copy, redistribute or in any way use this intellectual property.

Any breach of the above clause will be considered a violation of the Company’s intellectual property rights.

 

Right of refusal

The Company has the sole discretion and reserves the right to refuse an online sale at any moment. The sale of any Products depends on availability.

The Company is also within its rights to refuse any order: (i) placed by a Client with whom legal action remains outstanding relative to the payment of a previous order; or (ii) that is not in accordance with these General Sales Terms and Conditions.

If the Company sees that an order is not in accordance with these General Sales Terms and Conditions (e.g., incorrect mailing address, an order that exceeds the maximum number of articles that can be ordered), it will inform the Client within six (6) days by telephone or email. If the Client does not correct the elements that were either incorrectly indicated on the order or that were in conflict with these General Sales Terms and Agreements, the Company reserves the right to outright annul the order and payment.

Pursuant to the provisions of Article 57 of legal statute N°31-08, which prescribe consumer protection measures, the Company will be within its right, concerning wholesale orders, to refuse any order which exceeds the maximum number of Products allowed: five (5) Products and limited to a maximum of 3 (three) of the same Product.

 

Indemnity

The Client agrees to compensate, defend and protect the interests of the Company and its affiliate companies, license providers and suppliers regarding any loss, claim or charges, including reasonable legal counsel fees related to a violation by the Client of these GTC or the conditions relative to use of the Site.

Other than willful misrepresentation or gross negligence in relation to defective products, the full responsibility of the Company regarding all reparable damages related to these GTC that are liable to be suffered by the Client in the context of these GTC is limited only to compensation of foreseeable damages that are direct and material, effectively suffered by the Client as a result of failure on the part of the Company; this compensation may not in any case exceed the value of the last order placed by the Client, even if the Company had been alerted to the possibility of such harm.

The Company will not be held responsible by the Client for harm caused by (i) the cause, omission or fault of the Client; (ii) any event of force majeure as defined by Moroccan jurisprudence and the Article “Force majeure” below; (iii) any third party not engaged by the Company for the implementation of these GTC; or (iv) any other event that neither the Company nor its suppliers could have foreseen nor have been given advance warning of, even if the Company or its suppliers had taken all the necessary precautions.

The Site might include links to other internet sites. These other sites are not the property of the Company, and the Client understands that the Company is not responsible for the accuracy, respect for intellectual property rights, legality, morality or any other element related to the content of these sites.

 

Defective Products – Limited liability

The Company makes every effort and is meticulous in its efforts to ensure that its online information is accurate, whether in regard to Product descriptions, the customer service platform, or on the Site. Nevertheless, the Company cannot be held responsible for any insubstantial errors that may arise.

In the event that a delivered Product does not match its description on the Site, the Company commits to correcting the error, in line with the following conditions.

If a purchased Product is defective, or if the wrong Product was delivered, the Client should contact the Company for assistance by sending an email to boutique@jardinmajorelle.com within fourteen (14) days after having received the Product. In order to enable the Company to appropriately follow up, the Client should provide the Company with a detailed description of the defect or error, as well as proof of purchase. If a claim is not made within the aforementioned time limit, the Client waives any request for a replacement, reimbursement, or in general any indemnity resulting from the purchased Product.

The Company cannot be held responsible for:

  • any interruptions or delays in service on the Site resulting from maintenance work, electrical outages, force majeure, third-party interference, or any other circumstances, regardless of their nature that are beyond its control;
  • any temporary inability the Client may experience in accessing the Site due to circumstances beyond its control, such as power outages, internet service interruptions, etc.

 

Notwithstanding the specific provisions of guarantee eventually provided to the Client along with delivery of the Product, the Company’s Products are subject to legal guarantees regarding sold merchandise as detailed in Articles 549 and 575 of the Dahir of August 12, 1913 included in the contracts and obligations code.

Pursuant to Article 65 of legal statute N° 31-08: any legal action stemming from defects that require implementation of the guarantee should be filed under penalty of foreclosure within the year (12 months) following the delivery.

 

Legal right of withdrawal

Pursuant to Articles 36 and subsequent articles of legal statute N° 31-08 which legislate measures to protect the consumer, the Client has seven (7) days from the date of delivery of the ordered merchandise to exercise the Client’s legal right to refuse the merchandise without needing to provide a reason for doing so.

Reimbursement of the total sum paid will be executed at once and no later than 15 (fifteen) days following the date when the Client has exercised the Client’s right to refuse the merchandise. Returned Products that are incomplete, damaged, spoiled or tarnished due to action on the part of the Client will not be reimbursed.

The return of Product is at the charge and entire responsibility of the Client.

 

Force majeure

The Company’s fulfillment of all or part of its obligations will be suspended in the case of circumstances beyond its control or force majeure that disturb or delay the fulfillment.

These would include the following in this non-exhaustive list: war, riots, uprising, social upheaval, loss of telephone or internet service or serious disturbance of the security or infrastructure of the internet, strikes of any form or problems related to the Company’s supply chains.

The Company will inform the client of such a situation or force majeure within seven (7) days following the incident.

In the event that the Company’s fulfillment of its obligations is suspended beyond a delay of 15 (fifteen) days, the Client will at that point have the option of canceling the outstanding order, and the Company will reimburse the Client as quickly as possible by crediting the Client’s bank account.

 

Use of information

The Company reserves the right, and the Client authorizes the Company, to use and make available all information concerning the use of the Site by the Client, as well as all information provided by the Client, in accordance with applicable laws.

Pursuant to legal statute N° 09-08 concerning the protection of individuals in reference to the handling and treatment of personal information, the Client has the right to access, modify, correct, challenge or suppress personal information concerning the Client.

To exercise this right, and in accordance with Article 8 of legal statute N° 09.08 concerning the protection of information, the Client should send a request to the following email address:

boutique@jardinmajorelle.com

For the handling or processing of personal information undertaken by the Company, the Client can exercise the same right by sending a letter to the Company along with proof of identification.

 

Applicable law

This contract is governed by Moroccan substantive law.

 

Litigation

Any legal action arising from the present contract or in relation to it will proceed only before the courts of Marrakech, Morocco and in no other jurisdiction. A Client who is not a resident of Morocco will be subject to the jurisdiction of Marrakech and agrees to this overseas legal process.

In the event the Company does not comply with any provision of this contract, it does not constitute a renunciation of the provision or of the right to have it respected.

 

Online security

All orders placed through the Site are encrypted, which protects all credit card information provided at the moment the order was placed. Nevertheless, the Company is not responsible for any damages, whether direct or indirect, associated with fraud or theft of credit cards and the Client’s bank information.

 

Customer service

For any questions regarding how to place an order or the status of an order, please contact the Company for assistance by sending an email to: boutique@jardinmajorelle.com