These General Conditions of Sale govern the commercial activity of ENTRE NOUS CINQ / MAROC N’YOU, with a capital of 10,000 DH, whose head office is: Résidence Yaacoub El Mansour Ang Yaacoub, MOROCCO, Marrakech. ICE 002052881000050 TP 45100924 – IF 25093174 CNSS 5865706
The company ENTRE NOUS CINQ / MAROC N’YOU is a company offering activities and services relating to leisure activities, excursions and travel.
ARTICLE 1 – FIELD OF APPLICATION
These general conditions of sale (GCS) constitute the main basis of the commercial relationship between the parties. Their purpose is to define the conditions under which the Seller provides professional buyers or not (the Buyer or the Buyers) with the following services:
- All the services offered by the Seller
The GCS applIed without reservation or restriction to the sales concluded between the Seller and the Buyers, regardless of the stipulations that may appear in the general conditions of purchase possibly established by the Buyers. Any service order implies acceptance by the Buyer of the GCS and the General Conditions of Use of the Seller’s website for orders via the Seller’s website.
The fact that the Seller does not avail itself of any of the clauses contained in these GCS cannot be interpreted as a waiver of its use subsequently.
The Seller may agree with a Buyer on special conditions of sale which derogate from the GCS.
These GCS are in valability for an unlimited period, until any changes made by the Seller.
These general conditions of sale apply as of right to all activities and services provided by our company unless expressly agreed otherwise prior to the order.
Any order implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by our company.
The sale is deemed concluded on the date of acceptance of the order by our company.
ARTICLE 2 – ORDERS
Orders can be placed by Buyers with the Seller:
Via a website
Via a partner
Orders must be confirmed in writing, by means of an order form duly signed by
the Buyer, or ratified by email.
Sales are not final, even if they are made through sales representatives or employees, until the Seller has expressly accepted in writing the order issued by the Buyer. This acceptance can be materialized by sending an email, a text message or a letter.
- No minimum order amount is required by the Seller.
- If the Buyer wishes to modify his order, his request can only be taken into consideration if it reaches the Seller in writing before the start date of the service determined by the Seller.
- The benefit of the order is granted to the Buyer only and may not be transferred without the agreement of the Seller.
ARTICLE 3 – PRICES
- The Services are provided at the rates in effect on the day the order is made or in the specific commercial proposal that may be sent to the Buyer. The prices are firm and non-revisable throughout their period of validity, indicated by the Seller.
- Prices are in euros and do not include:
- Online payment fees
No discount will be applied by the Seller when the payment for the Services ordered is made before the payment date appearing on the invoice or within a period shorter than that provided for by the GCS.
ARTICLE 4 – TERMS OF PAYMENT
For any order, the Buyer will pay the price of the services ordered by:
The invoice is paid by the Purchaser according to a payment schedule specific to each Service and specified on the order form.
PENALTIES OF DELAY
In case of late payment by the Buyer, the Seller may suspend all pending orders, without prejudice to any other course of action.
A sum of compensation for recovery costs of 60 euros will also be due, as of right and without prior notification to the Buyer. The Seller reserves the right to ask the Buyer for an additional sum if the collection costs incurred are greater than this amount
ARTICLE 5 – CANCELLATION AND CANCELLATION INSURANCE
The Seller will not accept any cancellation of orders from the Buyer for any reason, except in cases of force majeure.
Are considered as force majeure or fortuitous events, events beyond the control of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, insofar as their occurrence makes it completely impossible. fulfillment of obligations.
In particular, the following are assimilated to cases of force majeure or fortuitous events releasing our company from its obligation to deliver within the initially planned deadlines: strikes by all or part of the staff of our company or of its suppliers or its transport providers , fire, bad weather, war, the impossibility of being supplied with raw material, epidemics, pandemics, roadblocks, disruption of supply for a cause not attributable to our society.
In such circumstances, our company will notify the customer by any means within 24 hours of the date of the occurrence of the events, the contract between our company and the customer then being automatically suspended without compensation, from the date of occurrence of the event.
Reimbursement of the sojourn under the previously mentioned cancellation insurance (on presentation of proof) will only be made once the sojourn has been completed.
ARTICLE 6 – DELIVERY
execution OF THE SERVICE
The services requested by the client will take place at the locations predefined in the request. The deadlines for performing these services are specified in an attached document communicated to the Buyers and are specific to each Service.
The terms of the location of the execution of the services requested by the client may be specified in the subsequent order form or the Seller’s catalog.
Our company will respect the execution time stipulated in the contract or on the client’s order. In the absence of indication or agreement as to the date of execution of the contract, our Company will intervene without delay and at the latest within 30 days of the conclusion of the quote or the order form.
Nevertheless, the customer can immediately terminate the contract when our company refuses to provide the service or when it does not fulfill its obligation to provide the service on the scheduled date, if this date or this deadline constitutes for the customer an essential condition of the service.
This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request of the customer before the conclusion of the contract.
ARTICLE 7 – RESPONSIBILITY – GUARANTEE
Clients benefit from the legal guarantee of eviction and hidden defects.
No additional contractual guarantee is provided for the benefit of the client, who may only rely on the legal guarantees stipulated above.
No guarantee can be applied in the absence of full payment of the sums due by the client to the Seller.
La responsabilité du Vendeur ne peut être engagée qu’en cas de faute lourde, intentionnelle ou dolosive. Dans tous les autres cas, la responsabilité du Vendeur ne pourra jamais être recherchée ni engagée par les Acheteurs.
Les Acheteurs garantissent et indemnisent les éventuelles actions en responsabilité contre le Vendeur par des tiers au contrat.
En toute hypothèse, la responsabilité du Vendeur, si elle est engagée, ne pourra dépasser la valeur des Produits objet du contrat conclu avec l’Acheteur.
The Seller’s responsibility can only take place in case of immense negligence, intentional or fraud. In all other cases, the Seller’s responsibility can never be sought by the clients
The clients guarantee and indemnify any responsibility against the Seller by third parties to the contract.
In any case, the Seller’s responsibility, if incurred, may not exceed the value of the Products covered by the contract concluded with the client.
ARTICLE 8 – RIGHT OF WITHDRAWAL
To have the right of withdrawal, the customer must notify the company of his decision to withdraw by means of an unambiguous statement (for example, letter sent by post, fax or email) or by returning to the company the attached withdrawal form, duly completed, before expiry of the withdrawal period.
The company will proceed with the refund using the same means of payment that the customer used for the initial transaction, unless the customer expressly agrees on a different means; in any case, this reimbursement will not incur costs for the customer.
In the case of agreement, if the customer has requested to start the services during the withdrawal period, the customer will have to pay the company an amount proportional to what has been provided to him up to the moment. where the company has been informed of the customer’s withdrawal from all the services provided for in the contract.
ARTICLE 9 – PROTECTION OF PERSONAL DATA
13.1 Purpose of processing:
All the information collected is necessary for the conclusion and the execution of the contract and will be mainly used for: the good management of the relations with the customer, the treatment of the orders, the assistance in the coordination of the works and the advertising of company services.
13.2 Registered data:
The personal data collected by the company, namely: surname, first name, postal address, telephone number, e-mail address, bank details, are registered in the customer’s file.
13.3 Exchanging period:
Personal information collected will be kept for as long as necessary for the performance of the contract.
Access to personal data is strictly limited to company employees authorized to process it by virtue of their duties.
The information collected may possibly be communicated to third parties linked to the company by contract and for the proper management of requests, without the customer’s authorization being necessary. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and are required to use them in accordance with the provisions of the applicable legislation on the protection of personal data apart from the cases stated above, the company undertakes not to sell, rent, assign or give access to third parties to the data without the prior consent of the customer, unless it is forced to do so for a reason. legitimate (legal obligation, fight against fraud or abuse, exercise of the rights of defense, etc.).
13.5 Personal rights:
In accordance with the applicable legal and regulatory provisions, the customer benefits from a right of access, rectification, portability and erasure of his data or even limitation of processing. He may also, for legitimate reasons, express his objection to the process of use of his data
The customer may exercise his rights by contacting the company after presenting a proof of identity
In case the customer does not wish to receive promotional messages and invitations via e-mail, SMS messages, telephone calls and postal letters, he has the possibility of indicating his wish within the framework of this document, of modifying his choice. by contacting the company under the conditions mentioned above or by using the unsubscribe links provided in SMS or electronic messages. This right also applies to persons whose data (in particular their identity and contact details) have been transmitted, with their authorization, to the company by third parties, for the purposes of commercial prospecting.
In the presence of a difficulty of management of his personal data, the customer can send a complaint with the National Commission for Computing and Liberties or any other competent authority.
Finally, the consumer is informed of the existence of the “Bloctel” telephone canvassing opposition list, on which he can register (https://conso.bloctel.fr/).