TERMS AND CONDITIONS OF SALE
Please be advised that while shopping on www.zyneofficial.com (the Website), you are dealing with the company Zyne Official, a Moroccan limited liability company with a capital of six hundred thousand dirhams (MAD 600,000.00), having its registered office at 4 rue Ain Harrouda - Ex Jeanne d'Arc Racine - in Casablanca, Morocco and registered with the Casablanca Trade Register under number 70695 (the Seller).
These Terms of Sale (Terms and Conditions of Sale or Agreement) are a legal document that explains your rights and obligations as a Customer. Please read it carefully.
Website: The Seller’s online store website accessible at www.zyneofficial.com
Customer: You, the user of the Website (and addressee of these terms). These Terms of Sale only apply to consumers as defined by article 2 of the Moroccan Law No. 31-08 enacting consumer protection measures, i.e. any natural or legal person acting for purposes intended for his/her personal or family use and which do not fall within the scope of his/her professional activity
Product(s): Product(s) sold on the Website
Customer Service: the service available to the Customer for any information or question, reachable on this link: email@example.com
The present Terms and Conditions of Sale define and regulate the contractual relation between the Seller and you, the Customer, also defined below as the user of the Website.
The present Terms and Conditions of Sale apply exclusively between the Seller and any person who visits the Website or makes a purchase from the Website.
You have access to and may become familiar with the Terms and Conditions of Sale directly on the Website. These Terms and Conditions of Sale may be altered at any point in time, at the discretion of the Seller. Enforceable terms and conditions consist of those published on the Website when you use the Website or when you place an order and are binding as of their date of registration. At all times, you are solely responsible for remaining knowledgeable about, and in compliance with, these Terms and Conditions of Sale.
The information given on the said Website may be modified by the Seller without prior notification.
Regarding the terms of sale, the simple act of placing an order on the Website implies acceptance, without reserve of the Terms and Conditions of Sale available on the Website at the moment when you place an order. Seller may change the Terms and Conditions of Sale at any time at its discretion but the terms of sale applicable to you are those available on the Website at the time of your order.
To make a purchase on the Website, you may complete the registration process, and create an account (Account).
Your Account may include billing information you provide to the Seller for the purchase of the Products, for pre-orders or for faster future purchases. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity on the Website that results from use of your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account,
Please inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
You also understand and acknowledge that Accounts are Consumer’s rights binding you to such an Account, and that the Seller does not recognize any transfer of Accounts (including transfers by operation of law) from one subscriber to any third party. Each customer shall be the sole holder of his own Account.
The act of placing a purchase constitutes your tacit understanding and compliance with these requirements. The Seller shall not be held responsible for any loss, incompatible or erroneous purchases that are not due to the Seller’s fault, non-conform or missing information. We encourage you to contact our Customer Services, in such an event, so we may resolve your problem to the best of our ability.
You agree that you will be personally responsible for the use of your Account and for all activity on the Website that results from use of your Account. Your online conduct is expected to be in good faith, non-abusive and not seeking any other personal interest other than the services provided. You will otherwise be held in contempt and, at the discretion of the Seller, ensuing legal procedure may incur.
You may cancel your Account at any time. You may cease use of an Account at any time or, if you choose, you may request that we terminate your access to an Account. However, Accounts and product delivery are not transferable and product purchase transactions entitle you to a single right to the delivery of a product. Your cancellation of an Account will not entitle you to any refund for any products or fees (this provision does not deprive you of your right of withdrawal, nor of the benefit of legal guarantees). The Seller holds the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation.
The Seller may cancel your Account at any time, in the event that (a) the Seller closes down the Website, or (b) you breach any terms of this Agreement. In the event that your Account is terminated or cancelled by the Seller for a violation of these Terms of Sale or improper or illegal activity, no refund will be granted.
STOCK AVAILABILITY AND SALES FULFILLMENT
Products are for sale within the limit of available stock.
Offers for Products that are out of stock shall be valid on the condition that they can be obtained from the Seller’s suppliers. The processing and delivery of orders shall always be honoured upon availability of stock. In the event of unavailability of the Product after you have placed your order, we will inform you by any means of contact.
The essential characteristics of the Products are described and presented as accurately as possible.
Your Product Order is a binding offer to the Seller to purchase the said Products (the Product Order”). Any Product Order implies your acceptance of the prices, descriptions of the Products available for sale and these Terms and Conditions of Sale.
Upon the placement of a Product Order, an ensuing and immediate confirmation message will be displayed followed by a confirmation email to you. Such automatic confirmation does not constitute an acceptance by the Seller of your Product Order, but a notice of acknowledgement. The Seller's acceptance of your Product Order shall occur and a contract shall form only once the Seller approves the Product Order, depending on the stock availability. We only accept your offer and conclude the contract of sale for a Product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we have dispatched the Product to you (the Fulfillment Confirmation E-mail).
The Product Orders shall be placed exclusively via the Internet.
Once your basket has been validated, you will have to choose the delivery address and validate the means of payment, this last step formalizing the offer to the Seller.
In case of unavailability of a Product ordered, you will be informed by email. The cancellation of the Product Order and its possible refund (only the Products available at the time of the order can be subject to a levy, as opposed to the deferred Products), will then be carried out, the remainder of the Product Order remaining firm and final.
Automatic Product Order confirmation errors may occur. Please check the automatic Product Order confirmation for errors and inform us immediately of any discrepancies. You guarantee all data provided during registration is true, accurate, up-to-date and complete
The Seller holds the right to cancel or refuse any Product Order from any Customer with whom a previous order’s payment has not been received by Seller.
You consent to receive sales invoices electronically. Electronic invoices will be made available in your Account on the Website. For each delivery, in our Fulfillment Confirmation E-mail you will receive a link to your electronic invoice on the Site. If you do not have an Account and have not printed your invoice upon receiving your Fulfillment Confirmation Email, or for further information about electronic invoices and instructions on how to receive a paper copy please contact our Customer Service.
For any question relating to the follow-up of an order, you can consult your Account on the Website or contact the Customer Service.
DELIVERY OF PRODUCT
Your Product Order shall be delivered to the address indicated during the ordering procedure by the provider indicated in your Order. Home deliveries are made to any location, including upstairs.
However, if there are one or more constraints relating to the premises or means of access to the place of delivery, you must imperatively contact our Customer Service to inform us of the specific means of delivery. The Seller may not be held liable if it is impossible to deliver the Products to your floor or inside your home without information on the need to use specific means of delivery.
You are solely responsible for any failure to deliver, due to a lack of information at the time of placing the Product Order.
The delivery delay indicated on the Website is strictly indicative and may vary with the progression of the Product Order.
You shall verify the Product condition of the package(s) and their content upon receiving the package. In the event the package(s) or content are not in conformity with the Product Order, you shall put in writing a full description of the content and disconformities, on the delivery slip, and shall contact our Customer Service, within 15 days of reception.
You can only pay for your order with your PayPal account.
The prices of the Products are indicated in MAD dirhams, US dollars and Euros, all taxes included. They take into account any reductions applicable on the day of the order.
The Seller reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of your Product Order validation, subject to the availability of the Products on this date.
The prices of the Products do not include delivery costs (postage, packaging and packing according to the prices). The cost of delivery will be specified before validation of the Product Order.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, whether upwards or downwards, this change may be passed on to the selling price of the Products on the Website and on the various sales media.
However, a price cannot be modified once your Product Order has been validated. Nevertheless, in the event of a pricing error (a price that is clearly derisory compared to the actual value of the Product), the validated order may be cancelled by the Seller. This measure remains exceptional.
RIGHT OF WITHDRAWAL
Pursuant to Law No. 31-08, you have a period of seven (7) calendar days from the date of receipt of the Products to exercise your right of withdrawal without giving reasons or paying a penalty.
If you withdraw, the Seller shall reimburse to you, except the return costs, all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by Seller), without undue delay and in any event not later than 15 days from the day on which Seller is informed about your decision to withdraw. Seller will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Seller may withhold reimbursement until Seller has received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
You may exercise your right of withdrawal by sending an e-mail to the Seller expressing your wish to withdraw without any ambiguity, and mentioning the Product Oder and the Product(s) concerned by this withdrawal.
You shall send back the Products or hand them over to us or in a warehouse that we will mention you in the state in which you receiver them, without undue delay and in any event not later than 15 days from the day on which you communicate your withdrawal from this contract to Seller. The deadline is met if you send back the Products before the period of 15days has expired. You will have to bear the direct cost of returning the Products.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.
However, it is specified that the right of withdrawal may not be exercised in respect of Products which have been unsealed by the Consumer after delivery and which cannot be returned for reasons of hygiene or health protection, nor for products made according to your specifications or personalized.
Also, returned Products must be intact and complete and must not have been worn, allowing their resale in new condition, otherwise they may not be subject to a withdrawal.
WRONG OR FAULTY PRODUCT
Seller is liable for defects in the conformity of the Products under the conditions of article 65 seq. and for hidden defects of the Products under the conditions provided for in article 549 and following of the Dahir of Obligations and Contracts.
If the Product is fault or do not correspond to your Product Order, we recommend notifying the problem to the Customer Service as soon as possible by email firstname.lastname@example.org with the subject-line: FAULTY PRODUCT. The Customer should also provide additional information to explain what is wrong with the Product. In order to return their faulty Product, the Customer must then follow the returns procedure provided by the Customer Service.
You shall send back the Products or hand them over to us or in a warehouse that we will mention you in the state in which you receiver them with all the elements in packaging that allows transport in good conditions.
The Product will be received by the Seller or the logistics service provider and tested by experts. All returns on the grounds of a fault will be submitted for verification.
Product exchange will only be possible within the limit of available stock. If the Product is no longer available, a refund will be granted. The reasonable delivery cost of returning a faulty Product will be reimbursed only if it has been verified to be faulty by the Seller.
You have the right to exchange the purchased Product within 15 days.
This right of exchange is only granted to you on the condition that you have tried on the goods only to check the size, as you would do in a shop. The returned Product must be intact, in perfect condition for resale and in its original packaging. Any item that is damaged or whose original packaging is damaged will not be refunded or exchanged. Please note that all the costs of shipment will be at your charge.
Any refund from us will be made to the account you used to make the payment. As you pay by Paypal the amount will be refunded to the bank account linked to this means of payment.
The entire content of the Website (texts, illustrations and computer code) is the property of the Seller.
The company names, trademarks and distinctive signs reproduced on the Website are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly forbidden and must be subject to prior written authorization from the Seller.
Personal data you provide shall not be given to any third party other than the Seller, and the Seller’s service providers (such as payment and delivery services).
By placing a Product Order via the Website, you commit to provide accurate and true information. Your personal data are necessary for the dispatch of the Products, invoice and more generally for the management of Products Orders and the commercial relationship with the Seller. If personal data is not provided the Product Order shall be cancelled.
You agree that these Terms and Conditions of Sale do not intend to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Sale.
The Seller holds no responsibility for indirect damages a user or a third party may suffer for any reason whatsoever by connecting to the Website, not having access or being able to log in to the Website, or that the Website is or is not working. The Seller guarantees it shall take all reasonable measures to ensure the availability of its services. However, since the transactions are made via the Internet, the Seller cannot guarantee the quality of the networks outside of its offices. Technical interruptions are possible. The Seller shall attempt to inform its Customers of the reasons for an interruption, to the best of its ability, but holds no responsibility in the event of a delay that is not due to his fault. Customers must always keep a personal copy of files. The Seller holds no responsibility for not honouring its contractual obligations, in the event of force majeure as defined by the laws and precedents of the applicable jurisdictions, in particular articles 264 and 265 of the Dahir of Obligations and Contracts.
The Seller and its affiliates will not be responsible for any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The Seller may inform you through an online notice in the case of systems’ maintenance and shall not be held responsible for any incurring ensuing delays or consequences.
It should be noted that the photos of the Products sold on the Website are provided for illustrative purposes. We invite you to refer to the description of each Product to find out its precise characteristics, which the Seller undertakes to describe as accurately as possible; and in the event of doubt or if you require further information, please do not hesitate to contact Customer Service.
APPLICABLE LAW – NEGOTIATION AND COMPETENT JURISDICTION - MISCELLANEOUS
You agree that these Terms of Sale shall be deemed to have been made and executed in Morocco, and any dispute arising hereunder shall be resolved in accordance with the laws of Morocco.
For any claim in connection with these Terms and Conditions of Sale, you can contact our Consumer Service.
Any dispute between the Seller and the Consumer arising from the interpretation or performance of these Terms and Conditions of Sale shall, as far as possible, be settled by direct negotiations between them.
In the absence of agreement within thirty (30) days, the resolution of any dispute, controversy or disagreement that may arise in relation to these Terms and Conditions of Sale, shall be submitted to the relevant Moroccan Court.
Nothing in these Terms and Conditions of Sale limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
If any of these Terms and Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Terms of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
These terms shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions, of this section alone, such provisions will not apply to you.
Except as otherwise expressly stipulated in these Terms and Conditions of Sale, in the event that any provision of these Terms and Conditions of Sale shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect.