Terms and Conditions of Sale
I. SCOPE
1.1 These terms and conditions ("T&Cs") govern all sales of products offered on the vita-pur.com website. This website is operated by Exporting Partner. Exporting Partner is a Moroccan limited liability company, registered under identification number 596563 (RC Casablanca), with its registered office at 6 Rue El Gharb, Mohammedia.
1.2 Placing an order for products implies the customer's full and unreserved acceptance of these T&Cs. In accordance with the law, these T&Cs form the basis of the commercial negotiation and therefore prevail over any contradictory provisions that may arise from the customer.
II. DEFINITIONS
Customer: Any natural or legal person purchasing Products from the Seller.
Order: The action by which the customer accepts these terms by checking the box "I have read and accept the terms and conditions of sale," selects a product on the order page, and validates the order process, under the conditions set out in Article 3.
Contract: the set of documents comprising the customer's order, these T&Cs and any potential specific agreement that may be agreed by the parties.
III. ORDERS
3.1 The order is placed with the seller by the customer by selecting one or more products which, according to the selection, the customer places in their "cart."
3.2 Before validating the Order, the Customer expressly accepts these T&Cs by checking the box "I have read and accept the terms and conditions of sale."
3.3 The order is only validated once the customer has provided the information necessary for the proper processing of their order. This information is as follows: customer name, delivery address, city, email address, telephone number.
3.4 The customer guarantees the accuracy of all this information. If all or part of the delivery addresses prove incorrect, thus forcing the seller to return orders to its warehouse, the customer will bear the consequences and the seller will be entitled to charge administrative and transport fees for returning the orders.
3.5 The customer's order will always be confirmed by email, to the address indicated by the customer when placing the order. This confirmation email will include an invoice in the customer's name, summarizing the identifying characteristics of the order.
3.6 To track the order, the customer may contact the seller's customer service at the following email address: contact@vita-pur.com
3.7 The seller reserves the right to refuse an order from a customer with whom there is a dispute regarding the execution or payment of a previous order, or where the customer has not complied with these T&Cs.
IV. PRODUCT AVAILABILITY
4.1 The order is placed within the limits of the Seller's available stock. In the event of a stock shortage, the Seller will inform the Customer, by one of the available means of communication, of the additional time related to new production, partial delivery or cancellation of the Order. Upon receipt of this information, a customer who pays online may be refunded the price of the ordered product that is unavailable within thirty (30) days of their claim.
4.2 In the event of a stock shortage, the Seller cannot be held responsible for the material impossibility of fulfilling the Order. Where applicable, the Seller 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 corresponding shipping costs.
V. DELIVERY
5.1 Products are delivered within Morocco to the delivery address indicated when ordering. To optimize delivery, it is advisable to provide an address where the Order can be delivered during business hours.
5.2 The delivery times indicated are average times, provided for information purposes, and may vary depending on the destination.
5.3 The delivery time for Morocco is an average of 48 business hours.
VI. PRICE
6.1 Prices are indicated on the website in MAD, all taxes included, in force in Morocco.
6.2 The prices indicated may be modified at any time without notice.
VII. PAYMENT
7.1 To pay for your order, you choose the payment method from those offered by vita-pur.com on the payment page. In the case of online payment, the transfer of the transaction to debit your account is carried out 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 to Exporting Partner SARL that they have the necessary authorizations to use the payment method chosen, when validating the order form.
7.4 In the case of payment by credit card, the customer guarantees that they have the necessary rights to use their payment card and that they are fully authorized to use it to pay for the order. They also guarantee that this card gives access to sufficient funds corresponding to the order amount. Failing this, the Seller reserves the right to cancel the sale before dispatch.
7.5 For its part, the Seller uses a secure payment method. Consequently, its liability cannot be engaged in the event of fraudulent or improper use of the Customer's means of payment, over which it has no control.
7.6 The provisions relating to the fraudulent use of means of payment provided for in the contracts concluded between the consumer and the card issuer, and between Exporting Partner and its bank, are applicable.
VIII. PROOF OF TRANSACTIONS PAID BY CREDIT CARD
The data recorded by CMI on the multi-channel payment platform on behalf of Exporting Partner constitutes proof of all commercial transactions between the Customer and Exporting Partner.
IX. PRODUCT CONFORMITY
9.1 At each delivery of Products, the Customer must immediately verify 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 against the quantity accepted and acknowledged by the carrier regarding the loading and condition of the packaging boxes.
9.2 If necessary, the customer must make clear and precise reservations on the carrier's delivery note. Simultaneously, the customer must also send a copy of the letter to the seller by registered mail with acknowledgment 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 ask the seller to: – deliver a product conforming to the one ordered (provided it is in stock); – or deliver a product of equivalent quality and value (provided it is in stock); – or be refunded the price of the Product within thirty (30) days of their claim (in the case of online payment).
9.5 In the event of proven non-compliance, the costs of returning the ordered and delivered Product, as well as any delivery of another Product, are borne by the Seller.
X. RETENTION OF TITLE
10.1 The Seller remains the full owner of the Products until full payment by the Customer of the price and incidental costs, and the effective receipt by the Seller of the sums due under the Contract.
10.2 The implementation of this retention of title clause cannot have any impact 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 confers no 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 prior written consent of the seller.
11.2 Access to the Website is provided "as is," accessible according to its availability and without any warranty from the seller. It must be used at the user's own risk. The seller does not guarantee that (i) the Website, content and products offered fully meet the user's expectations, (ii) the Website is uninterrupted and free from errors, or that (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. Order forms and invoices are archived on a reliable and durable medium. The Seller takes all measures to ensure the confidentiality of exchanges and transactions on the Internet.
11.4 The customer has the right to access, modify and delete their personal data. Specifically, when the order is placed and the customer provides their personal data, they are asked to give their authorization, (i) if they wish to receive information about the Seller's Products and the newsletter, (ii) if they agree that their data may be 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 items, the Seller undertakes not to make such use of them.
XII. LIABILITY
12.1 In any event, the amount of the Seller's liability for the payment of compensation, for cases of direct damage only, 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 hypertext links may redirect outside its own website.
XIII. FORCE MAJEURE
13.1 The Seller cannot be held responsible for the non-performance of any of its commitments to the Customer if this failure is due to a case of force majeure such as war, strike (internal or at one of its service providers), accident, fire, snow, flood, bad weather, interruption or suspension of means of communication and/or transport, blockage, export ban, 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 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 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 Where possible, the seller identifies the authors and/or holders of these intellectual property rights in the product bibliography. If a person or entity recognizes one of these elements over which they may exercise rights and which is not fully identified or unidentified, the Seller remains available to receive such a claim.
14.3 The failure to mention the holder or author cannot in any way be considered as making the intellectual property rights free from exploitation. The rights of use, representation and reproduction of the products continue to be held by the seller or by the holders of the indicated rights.
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, partially or totally, may not be carried out without the prior written authorization of the rights holders.
XV. DISPUTES / APPLICABLE LAW
15.1 These T&Cs, in addition to any contract concluded under the T&Cs, are governed by Moroccan law. The contractual information is presented in English, which is the reference language of the site. French and Arabic translations are provided for convenience only; in the event of any discrepancy or contradiction between versions, the English version shall prevail. The products offered for sale comply with Moroccan legislation.
15.2 The Commercial Court of Casablanca has sole jurisdiction over any dispute relating to the contract and/or the application of these T&Cs.
