Article 1 – Scope• the organisation of legal relations between Click and Souk and the Client.
• the terms of sale between Click and Souk and the Customer (order, delivery, etc.)
The Seller proposes objects made by hand (textiles, ceramics, baskets, baskets, wooden utensils, jewelry..) which can lead to the presence of variations of colors, shapes, finishes and discolourations that cannot be considered as defects, because of their hand-made craftsmanship which makes them unique pieces
ARTICLE 3-PRICE :
Article 4 – ORDER PROCEDURE
4.1 – Client Identification
To place an order, the Customer must log on to the Site. The Site is accessible 24/7, subject to incidents affecting the level of services.
During the first order the customer has the choice between a registration or a direct order without registration. For subsequent orders, the Customer may access his account, if he has created one, by entering his username and password. The Customer is fully responsible for its username and password and undertakes to ensure its confidentiality.
4.2 – Ordering
The Customer wishing to place an order selects products on the Site. Once the selection has been made, the Customer must click on the validation button. The basket is thus constituted by the Customer.
The order process takes place in 4 steps, following the validation of the shopping cart by the Customer:
Order summary :
The Customer verifies the contents of his shopping cart and may, if necessary, modify it, and/or enter a benefit code allowing him to benefit from a current offer on the Site. Prior to the final validation of his order, the Customer has the possibility to make changes when he finds that an error has appeared in the data entry.
Express Delivery : The customer will be notified of the delivery method offered to him and the weight rate in effect from the country of departure, in this case Morocco, which is subject to the local shipping rates of international carriers such as DHL, UPS, Fedex etc…
Standard Delivery : The customer will be informed of the delivery method offered to him and the weight rate in force from the country of departure, in this case Morocco. You will be contacted by email to schedule an appointment with the delivery company. Any missed appointment and rescheduled will be subject to additional cost at your expense and to be set with the delivery company depending on the location.
Once steps 1 and 2 have been validated, the Customer must select its payment method and validate its payment.
In this case, the transaction is remitted for debit from your account within the day following the date of the delivery confirmation.
Your Multi-channel payments are secured by the Center Monétique Interbancaire (CMI) which offers a fully secure payment service.
The Consumer guarantees Click and Souk that he has the necessary authorizations to use the payment method chosen by him, when validating the Order Form.
In the event of payment by bank card, the provisions relating to the fraudulent use of the means of payment provided for in the agreements concluded between the Consumer and the card issuer between Click and Souk and his banking establishment apply.
Payment for purchases is made with Paypal checkout: PayPal is a secure payment method that allows the Customer to quickly pay for his order without sharing his banking data with the seller sites.
- It is enough to have indicated them when creating your PayPal account. They are then encrypted and secured once and for all.
If the Customer already has a PayPal account, he can use it on the Site to pay for his purchases quickly and securely.
If the Customer does not have a PayPal account, he may still choose this method of payment. At the time of payment, the Customer is directed to a PayPal page where he enters his bank details (and chooses whether or not to create a PayPal account)
The debit will be made at the time of confirmation of the order
Combating fraud during payment :
Click and Souk reserves the right to ask the Customer to justify his identity, the place of his domicile and the means of payment used. If you do not receive these documents Click and Souk reserves the right to cancel any order.
Click and Souk reserves the right to refuse to honour any order in the event of a dispute relating to the payment of a previous order.
In case of default for any reason, an amicable lump sum payment of 15 € will be required by Click and Souk in addition to the amount of the invoice, increased by the debit charges charged by the banking establishment of Click and Souk in the event that the amicable recovery has been unsuccessful within 10 days from the date on which the first recovery request letter is sent, whether the letter is sent by registered letter or by simple letter. Recovery will be done through litigation. The litigation costs that would be incurred by the collection firm intervening for Click and Souk directly to the Client are independent of the amicable lump sum payment.
The order is binding for the Customer upon the validation of his order, subject to the implementation of his "Right of withdrawal" which he may exercise within a period of fourteen (14) calendar days following the date of receipt or withdrawal of the Order. If this period expires on a Saturday, a Sunday or a public holiday, it shall be extended until the first following working day.
The Customer who wishes to exercise his right of withdrawal must return the Articles within the aforementioned period, in their original packaging, complete, new
The costs of return of the consecutive articles of the exercise of the right of withdrawal are at the expense of the customer. Items returned in new condition will be refunded within fourteen days deducted from the first shipping costs at the expense of the customer who renounces his purchase.
Products must be returned to the following address Click and Souk: 8, nejma Sofia, quartier Targa, 40000 MARRAKECH, MOROCCO
The validation of the order by the Customer and the payment of it lead to the receipt of a confirmation email sent by Click and Souk to the email address indicated by the Customer.
The data communicated by the Customer and recorded by Click and Souk during the registration of the order constitute the proof of transactions between the Customer and Click and Souk.
Order tracking and delivery
The Customer chooses a Delivery Address. The Customer is solely responsible for a Delivery defect due to a lack of indication during the Order.
The seller will provide him with a tracking number that will allow him to follow the progress of his order.
The amount of the Delivery Costs depends on the amount of the Order, the country, and the delivery method chosen by the Customer. In any case, the amount of the Delivery Costs is indicated to the Customer before the Validation of the Order
The Delivery Times may vary depending on the availability of the Goods that were the subject of the Order.
The Delivery Times are in working days and correspond to the average times of preparation and delivery of the Order on the delivery area.
The Delivery Periods run from the date of Confirmation of the Order by the Seller.
In case of delay of Delivery, the Order is not cancelled.
The Seller informs the Customer by e-mail that the Delivery will be delayed. The Customer may then decide to cancel the Order and will send by email to the Seller a notice of cancellation of the Order.
In case the Order has not yet been shipped when the Seller receives the Customer’s cancellation notice, the Delivery is blocked and the Customer is refunded any amounts debited within fourteen days of receipt of the cancellation notice. In the event that the Order has already been shipped when the Seller receives the Customer’s cancellation notice, the Customer may still cancel the Order by refusing the package.
The Seller will then refund the amounts debited and the return fees paid by the Customer within fourteen days of receipt of the return of the package completely refused and in its original state.
Delivery in Morocco:
Delivery is provided by the competent services of Amana or MTR or CTM
Except in case of force majeure, delivery times will be within the limit of available stocks, from 24 to 72 hours after validation of the order.
Click and Souk shall not be liable for any delay in delivery, for any reason whatsoever. Therefore, no claim of any kind can be claimed by the Internet user.
Click and Souk reserves the right to choose the carrier and guarantees the correct delivery of the products. The risks of transport are at the expense of the user from the time the product leaves the warehouse.
The user is required to check the state of the packaging and the conformity of the delivered product, and to issue any reservation on the delivery slip of the carrier.
Home delivery is not guaranteed for all cities in Morocco (only large cities), as delivery can be made to the nearest Amana agency.
Delivery to France and rest of the world :
Click and Souk will make its best efforts to have the order prepared and delivered to the carrier within an average period of three (3) to five (5) working days from the day following that of the validation by the buyer of his order.
The delivery of the package is done against the signature of the recipient.
In case of absence, a notice is left to the recipient or by mail or telephone. From the date mentioned on the notice of transit, the recipient has 15 days to pick up his parcel in the offices of the carrier.
Delay / no delivery :
We work with fast and reliable international carriers, however, as with any shipment, there may be a delay in delivery or the product may go astray. In case of delay of delivery (from the dispatch of the order, more than 7 days for express services, the customer will have to inform the customer service of Click and Souk. This information can be sent by email to email@example.com. Click and Souk will forward the information to the carrier to initiate an investigation. This investigation can last up to 21 days from the date of its opening. If during this period, the product is found, it will be redirected immediately to the Buyer’s home (in the majority of cases). If, on the other hand, the product is not found at the end of the 21-day investigation period, the carrier considers the package lost. In this case, Click and Souk will send a replacement product at its own expense. If the lost product(s) were no longer available at that time, Click and Souk would refund the amount of the lost product(s). Click and Souk declines any responsibility for the lengthening of the delivery times due to the carrier, in particular in case of loss of products or strike.
Order Receipt :
Upon receipt of the order, the Buyer will verify the conformity of the products received in execution of his order.
Any anomaly concerning the delivery (damage, non-conformity, missing product in relation to the delivery note, damaged parcel, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reservations", accompanied by the signature of the Buyer. At the same time, the Buyer must confirm this anomaly by sending to the carrier within two (2) working days following the delivery date a registered letter with acknowledgement of receipt setting out the said claims. The Buyer must send a copy of this letter by e-mail to firstname.lastname@example.org Unless there is a legitimate reason, any claim not brought to the knowledge of Click and Souk within 21 days of receipt of the Products will be considered inadmissible, Click and Souk shall not be held liable.
Click and Souk reserves the right to ask the Buyer to return the non-compliant or damaged Product.
In case of abnormal or abusive returns, Click and Souk reserves the right to refuse to honor a subsequent order.
ARTICLE 5 - INTELLECTUAL PROPERTY :
All elements of the Click and Souk website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of Click and Souk. Internet users who have a personal website and who wish to place, for personal use, on their website a simple link directly referring to the homepage of the Click and Souk website, must request the authorization of Click and Souk.
On the other hand, any hyperlink referring to the Click and Souk.com site and using in particular the technique of framing, deeplinking, in-line linking or any other technique of deep link is in any case formally prohibited. In any case, any link, even tacitly authorised, must be withdrawn at the request of Click and Souk.
ARTICLE 6.1 – RESPONSABILILTY :
The Site Click and Souk has, for all steps of access to the Site, the ordering process, delivery or subsequent services, only an obligation of means. The site cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a breakdown of service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with case law.
Furthermore, Click and Souk disclaims its responsibility for any breach of its contractual obligations in the event of force majeure or chance, including, without this list being exhaustive, internal or external strike, fire, disaster, internal or external breakdown, and any event that prevents the correct execution of orders.
If the dispute concerns payment operations, the banking institution or the third party responsible for the payment system may be consulted.
Click and Souk retains full ownership of its products sold until the perfect payment of the main price, including fees and taxes.
ARTICLE 6.2 – FORCE MAJEURE :
Click and Souk will not be liable for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event constituting force majeure, recognized as such by the jurisprudence.
The Parties agree that they shall consult as soon as possible in order to determine together the methods of execution of the order during the duration of the case of force majeure.
After a period of one (1) month of interruption due to force majeure, the parties shall be released from their obligations to each other.
ARTICLE 6.3 – PARTIAL UNVALID :
If one or more stipulations of these general conditions of sale are held to be non-valid or declared as such under a law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
ARTICLE 6.4 – CONTRACT INTEGRALITY :
These general terms and conditions of sale and the order summary sent to the Buyer constitute a contractual set and constitute the entire contractual relationship between the parties. In case of contradiction between these documents, the general conditions of sale will prevail.
ARTICLE 6.5 – APPLICABLE LAW-COMPETENT COURTS :
These general terms and conditions of sale are governed by Moroccan law. For all disputes relating to this contract between Click and Souk and an Internet user, the Commercial Court of Marrakech will be the only competent one.