Art. 1. Object
The purpose of these General Conditions of Sale (hereinafter the “GTCS”) is to determine the terms and conditions of the online sale of items offered on the site http://localhost/myresthome.com (hereinafter the “Site”) published by the company Myrest International Trading SARL (AU) Limited liability company with a single shareholder with a capital of 100,000 Dirhams registered in the Rabat Commercial Register under number 112311 (hereinafter “MYREST”), the CUSTOMER acknowledging expressly having read the GTC before confirming the first order on the Site and that any relationship with MYREST under these terms will be exclusively governed by the GTC, from the first order and for all successive orders made by the CUSTOMER on the Site.
Art. 2. Price 2.1 Purchase price
The prices are indicated Moroccan Dirham, they take into account possible reductions granted by MYREST as well as the VAT applicable on the day of the order. , and except for typographical errors or omissions. The prices indicated do not take account of the delivery costs which will be invoiced in addition and will be specified to the CUSTOMER during the final validation of his order MYREST reserves the right to modify its prices at any time but the articles will be invoiced on the basis of rates in effect at the time of order registration, subject however to the availability of said items. When a validated order contains one or more erroneous elements (price, description, photo, coupon, etc.), MYREST reserves the right to cancel it and to reimburse the order at its sole discretion without the CUSTOMER being able to contest. the solution adopted or cannot engage the responsibility of MYREST in order to claim compensation for the damage suffered.
Art. 3. Registration and validation of the order 3.1 Registration and Identifier
CUSTOMER registration is required to place any order on the Site. The CUSTOMER must accurately complete the registration form necessary for his identification. Identification is carried out by entering the CUSTOMER’s email address and the confidential code assigned to it by MYREST (the “Identification” or “Identifier”). The CUSTOMER must identify himself for each order on the Site. MYREST guarantees the confidentiality of the data transmitted after Identification of the CLIENT. The CUSTOMER undertakes to preserve the confidentiality of his Identifier, not to entrust it to any other person except to vouch for the commitments made by this person by the use of his Identifier. The CLIENT can only have one Identifier. In the event of the loss or forgetting of his Identifier, the CUSTOMER must contact MYREST as soon as possible so that a new Identifier is assigned to him and the previous one is canceled.
3.2 Registration of an order
The order is placed exclusively on the Internet or via our call center (PCI DSS certified). To order the selected articles, the CUSTOMER must obligatorily proceed before ordering, to its Identification, the CUSTOMER acknowledging being validly informed by the present and accepting without reserve that his Identification is proof of his identity. The CUSTOMER confirms his consent by final validation of the order.
3.3 Final validation of the order
After having read the details of their future order and once all the information requested has been completed by the CUSTOMER, the latter can either modify the order and any related information, or confirm their order definitively by paying the order in accordance with the provisions of clause 5.2 below. The CLIENT must then complete the information requested for this purpose. The order is definitively confirmed and becomes irrevocable by the validation of the payment. The order form is recorded in the MYREST computer registers in compliance with the provisions of Dahir No. 1-09-15 of February 18, 2009 promulgating Law No. 08-09 relating to the protection of individuals against with regard to the processing of personal data and its implementing decree n ° 2-09-165 of June 18, 2009 (hereinafter the “Texts relating to the Processing of Personal Data”), The order form may be kept and reproduced by the CUSTOMER and will be kept on a reliable and durable medium as a means of proof of the contractual relations between the Parties,
3.4 Confirmation of the order
When the CUSTOMER has validated his payment, a summary of the order will be sent to the email address indicated at the time of the order. This confirmation will include all the constituent elements of the contract between the Parties, as well as an estimate of the date of dispatch. MYREST recommends that the CUSTOMER keep their order confirmation email or However, documents archived in MYREST’s computer systems as indicated above will be considered as legal proof. A summary of the order will also be displayed in the CUSTOMER account.
Art. 4. Coupons – Sponsorship – gift vouchers – loyalty points
These GTC are fully applicable to coupons, coupons.
A coupon is a reduction voucher materialized by a code which is sent by MYREST to the CUSTOMER by email and which, to be used, must be entered by the CUSTOMER when ordering. Unless otherwise specified, coupons cannot be combined with the same order. In no case can a coupon be converted into cash, including in the form of a refund of the part of the order paid for by the coupon. Coupons issued have an expiration date that cannot be changed. No new coupon may be issued or awarded to a CUSTOMER in place of an expired and unused coupon. The use of a coupon necessarily supposes that the coupon represents a maximum amount of 40% of the value of the order (excluding delivery costs). The specific conditions of use of the said coupon may specify a minimum purchase amount (excluding delivery costs). In this case, the value of the order (excluding delivery costs) must be greater than the value of the minimum purchase required for the use of the coupon. A CUSTOMER may in no case ask MYREST to deduct from an already validated order, the value of a coupon whose code has not been entered, selected or is defective, when it has been placed in accordance with these GCS. When an order contains a coupon, the amount of the coupon is broken down on all the items of the order in proportion to their respective value. The reimbursement of an item of an order, whatever the reason, is made after deduction of the share of the associated coupon.
Art. 5. Payment
5.1 Order amount
The amount owed by the CUSTOMER is indicated before the validation of the order by the CUSTOMER as well as on the order confirmation sent by e-mail as indicated above.
5.2 Payment methods
It is specified that payment by credit card is made through the PAYZONE system approved by the CMI (Interbank Monetary Center) for payment in Dhs (Moroccan Dirham) and that the Site is subject to security by SSL encryption ( Secure Socket Layer) signed by the VERISIGN organization in order to protect as effectively as possible all the data linked to the means of payment. Thus the CUSTOMER’s bank data are forwarded to the designated bank with security by SSL encryption so that at no time does the CUSTOMER’s bank data pass through the MYREST computer system or is brought to the attention of MYREST or its staff . In accordance with article 30 of law 31-80. MYREST cannot be held liable for this purpose, which the CUSTOMER recognizes and accepts expressly and without reserve. As part of our policy against internet fraud, suspicious orders will be automatically debited for the amount of the order but not validated. To confirm your order, we kindly ask you to send us by email to email@example.com the following supporting documents accompanied by your order number:
- – a front / back copy of a valid identity document: CIN identity card, passport or driving license. The parts sent must correspond to the billing details appearing on the delivery slip.
- – a copy of the bank card used for payment
- – proof of address (invoice, etc.)
MYREST is the only recipient of these supporting documents, the sole purpose of this procedure is to protect you from the theft of your identity and the use of your means of payment. Payment can also be made in cash upon receipt of the goods directly from the Amana agent at the time of delivery.
5.3 Payment confirmation
As previously indicated, the order is considered valid after confirmation of the bank payment agreement or the payment of the amount due in cash. In case of refusal, the order is automatically canceled. In any event, MYREST reserves the right to refuse any order or delivery in the event of a dispute or dispute with the CUSTOMER, total non-payment or partial payment of a previous order or refusal of authorization from payment. MYREST cannot in any case be held liable in the event of a dispute to this effect.
5.4 Exceptional condition
MYREST has set up a procedure for verifying the identity of the CLIENT in order to limit any fraudulent use of bank details to place an order on the Site. As part of this verification, the CUSTOMER may be asked to present his identity document to the transporter responsible for making the delivery.
Art. 6. Delivery 6.1 Time for dispatch and delivery
The deadline for dispatching and delivery of an order corresponds to an indicative deadline from the day following that of the validation by the CUSTOMER of his order. In no case may it be invoked, but in the event of an unusual delay, an email will be sent to the CLIENT. Before confirming his order, the CUSTOMER becomes aware of the estimated shipping and delivery times. Following the dispatch of the order, the CUSTOMER will receive an e-mail specifying the tracking number of his package, the CUSTOMER can thus follow the traceability of his package by clicking on the link provided for this purpose. In the event of delay, no compensatory compensation may be required by the customer. MYREST undertakes to dispatch the order within the estimated time displayed when registering the order. In case of unavailability of an item after placing the order, due to a transport problem or a stock discrepancy, the CUSTOMER will be informed by email as soon as the information communicated by the logistics department is received. The cancellation of the unavailable item and its refund will then be made, the rest of the order remaining firm and final. MYREST is unable to consolidate several orders that have not been shipped.
Unless otherwise indicated in clause 6.3 and in article 7 hereof, no return is possible in the context of purchases made on the site http://localhost/myresthome.com.
6.3 Defective, missing or non-conforming item
Despite the care taken in preparing orders, certain items in an order may prove to be defective, missing or non-compliant. The CUSTOMER must take care to verify the conformity of the items received. Any anomaly concerning the delivery must imperatively be notified, within eight (7) days of receipt of the package, via the CUSTOMER account – Contact us space. Any claim made after this period will be rejected and MYREST will be released from all responsibility. If the aforementioned conditions are met, MYREST will then proceed, at its discretion, either to a refund or to the re-shipment of the defective, non-conforming or missing item (subject to the merits of the CLIENT’s request). The CUSTOMER undertakes to return the defective or non-conforming item to the address which will then be indicated to him by MYREST, in its original packaging and packaging, new and clean, ready for resale in the event of non-compliance, accompanied by all its accessories, user manuals and other possible documentation, within 7 calendar days of the complaint made. MYREST reserves the right to request, at its expense, the CUSTOMER to return the non-compliant or defective item to it before pronouncing. Any reimbursement occurs within a maximum of five working days from the date of receipt of the defective or non-conforming article by MYREST.
Art. 7. Right of withdrawal and returns
The CUSTOMER can use their right of withdrawal in accordance with legal provisions. To do this, the CUSTOMER must contact MYREST to inform them of their intention to return all or part of the order and thus obtain a return number by logging into their CUSTOMER account – Contact area. The CUSTOMER undertakes to return the articles which are the subject of a withdrawal in their original packaging and packaging, new and clean, ready for resale, accompanied by all their accessories, instructions for use and other possible documentation. , within 7 calendar days from the exercise of his right of withdrawal to the address which will then be indicated to him by MYREST The costs and risks associated with reshipment are the responsibility of the CUSTOMER who must bring the proof in case of conflict.
Art. 8. Processing of personal data 8.1. Personal information
MYREST collects the personal data of each CLIENT at the time of registration, this for strictly commercial, marketing and statistical purposes, which the CLIENT expressly accepts without reservation. The CUSTOMER has the right to access, modify, rectify and delete data concerning him in accordance with the provisions of the Texts relating to the Processing of Personal Data. To exercise this right, the CUSTOMER must send a request through their CUSTOMER account – contact space and will remember to remember their last name, first name, address and, if applicable, their CUSTOMER number, to allow MYREST to process their request within as fast as we can. Finally, MYREST may be required to communicate nominative information to its business partners. The CUSTOMER hereby expressly accepts that their postal address as well as their electronic address (email) will be transmitted to MYREST’s commercial partners for an exclusively commercial purpose unless refusal to transmit their electronic address to any third party expressly through their CLIENT account – contact area, in accordance with what appears above. MYREST can also provide consolidated statistics relating to the CUSTOMER relating in particular to its purchases made on the Site knowing that these statistics will not contain any personal data.
The only cookies MYREST creates are those of the session which will be deleted when you log out of the Site.
8.3. Web Beacons
Certain web pages of the Site may sometimes contain electronic images or “web beacons”, which count the number of visitors to the page. These web beacons can be used with some of our partners, in particular to measure and improve the effectiveness of certain advertisements. In any event, the information obtained via these tags is strictly anonymous and simply makes it possible to collect statistics on the use of certain pages of the Site in order to better serve the users of the Site.
8.4. Malware, adware, …
By convention MYREST prohibits the use of malware, adware, etc.
Art. 9. Guarantees and responsibilities 9.1 Information on articles
For each item sold on the Site, MYREST undertakes to provide a descriptive sheet to present its essential characteristics, within the limit of the information transmitted by the suppliers. MYREST makes every effort to provide the CUSTOMER with as much information as possible allowing him to know the articles before registering his orders. The photographs as well as the descriptions of the articles are not contractual and MYREST cannot in any case be held responsible for errors which could occur in particular with regard to the images or colors displayed.
9.2 Guarantees on items
MYREST acts as an agent for professional suppliers. These guarantee that the items sold are of first quality and are shipped in good condition and have no defects or hidden defects making the items unfit for their normal use. Any warranty will be excluded in the event of faults, deterioration from external events, improper installation, or use not in accordance with the supplier’s instructions. The guarantees of the items sold are mentioned on the description sheet. The CUSTOMER with a defective item, whose warranty is still applicable, must contact MYREST via their CUSTOMER account – Contact area, MYREST will then send them the procedure to follow in order to obtain repair, replacement or reimbursement from the supplier and will make its best efforts to provide the CUSTOMER with the contact details of the supplier’s After Sales Service.
MYREST’s liability hereunder is limited to the amount of the CLIENT’s order. The involvement of MYREST cannot be blamed for any inconvenience or damage inherent in the use of a computer, a computer network or the Internet. In particular, MYREST can in no way be held responsible for a break in service, an external intrusion or the presence of a computer virus. MYREST is held to a simple obligation of means for all the stages of access to the Site, in particular the consultation, the filling of form, the placing of order, the payment as well as any other service available on the Site. MYREST cannot be held liable for any material, immaterial or bodily damage caused by the malfunction or improper use of an item purchased on the Site
Art. 10. Intellectual property
All elements of the Site, whether visual or audio, are protected by copyright, trademarks or patents and are the exclusive property of MYREST. Sudden technologies are the exclusive property of MYREST.
Art. 11. Duration
These conditions apply for the entire duration of the articles offered by MYREST on the Site
Art. 12. Transfer
The CUSTOMER may not in any way oppose any assignment or transfer of activities to a third party necessarily resulting in the transfer of customer files and personal data of the CUSTOMER. MYREST nevertheless undertakes to inform the CUSTOMER of any file transfer in the context of such an assignment in order to allow the CUSTOMER to exercise their right of opposition within 8 days from the day the transfer is made to his knowledge
Art. 13. Force majeure
MYREST will not be responsible for the total or partial non-execution of its obligations under these GTC, if this non-execution is caused by an event constituting force majeure, in particular in the event of total or partial disruption or strike, in particular of the postal services and means of transport and / or communications, flood, fire. Beyond a period of one month of interruption due to force majeure, MYREST may not honor the order, it being responsible for reimbursing the CUSTOMER.
Art. 14. Applicable law – Competent jurisdiction
The GTC are governed by Moroccan law. Any dispute to which the CGV could give rise will be brought before the Commercial Court of Rabat.