The following general conditions of sale govern all transactions established on the website of bms-boutique.com. Any order placed on this site assumes the customer’s unconditional and irrevocable acceptance of these conditions.
Article 1: Object
This contract is a distance contract which aims to define the rights and obligations of the parties in connection with the sale of the products of the company bms-boutique.com, on the Internet, through the platform of Morocco Telecommerce.
bms-boutique.com is a platform for online sales of personalized products, especially the sale of T-shirts and Sweatshirts.
Maroc Telecommerce is a transaction management service and a trademark registered by Maroc Telecommerce SA
Article 2: Acceptance of the general conditions of sale
Anyone who makes an order on the site bms-boutique.com must, voluntarily and without reservation, accept the present general conditions of sale (hereinafter referred to as the “GTC”).
Article 3: Realization of sales
Each sale is accepted and definitively concluded when the sales process set up on the site bms-boutique.com is totally accomplished. Directly after the completion of the sales process and the site bms-boutique.com has received confirmation, the customer receives an order confirmation email and becomes the owner of the goods ordered from their shipment by the supplier .
Article 4: Customer Information
Each customer can contact the site bms-boutique.com to obtain any information corresponding to the sale of products by using the following email address: [email protected] or contact customer service by telephone on +212 535 62 48 61 (Open from Monday to Saturday, from 9am to 12pm and from 14h to 18h, non-surcharged national call cost).
Article 5: Terms of purchase on the site
Any purchase on the site bms-boutique.com can not be carried out without creation of a customer account. As such, the site collects only the personal data that are strictly necessary for the fulfillment of the order and the shipment of products purchased by the customer.
The site undertakes not to transmit any personal data to any third party who is not a partner of the site. All information collected is in accordance with the regulations in force.
Article 6: Prices and means of payment
The prices applicable for each product are those indicated on the site at the date of the order made by the customer. Apart from shopping vouchers, promotional offers and discounts that may be used for commercial purposes, no price change may apply.
For any product offered for sale on the site, the prices are displayed in local currency in a unitary way and are indicated all taxes included (TTC).
Payment is made online using a secure payment system. The site guarantees that all banking data required for the bank transaction and payment benefit from a secure encoding and encryption system. The highest security standards are applied to data storage and all comply with Payment Card Industry Date Security Standard (PCI DSS). No banking information is kept by the site.
The banking data are directly communicated, via the Site, to the structures directly and only concerned by the payment operations. The site guarantees that it does not collect or store any data relating to the bank transaction necessary to pay the bill.
The site reserves the right to contact any customer to obtain, from him, any additional part necessary to carry out the order when such parts are necessary for the validation or the refunding of the order.
Article 7: Delivery
Delivery times are 1 to 7 working days depending on the destination and postal deadlines. Delivery time overruns can not give rise, for any reason whatsoever, to the payment of damages.
Article 8: Unavailability
In case of unavailability of the ordered products, the customer will not be able to order
The cases of unavailability of the products are functions of the quantities ordered, stock availability and rules of operation.
Article 9: Quantity and characteristics of products
In accordance with applicable law and usual business practices, the Site guarantees that all items offered for sale on the internet platform bms-boutique.com are marketed new and without defects rendering them unfit for the normal use of the products ordered. The quantities and characteristics of the ordered products are stipulated by the Site when ordering.
The Site reserves the right to make relatively minor changes to the characteristics of the products ordered when said changes are due to technical developments related to the production of products. The Site guarantees that these modifications are not likely to cause an increase in the price of the order or to alter the quality of the ordered products.
Article 10: Order Compliance
As a professional, the Site is legally responsible to the consumer for the proper performance of the contractual obligations strictly related to the sale concluded at a distance. As such, the Site reserves the responsibility in case of non-performance – partial or total – or bad performance of the contractual obligations directly or indirectly due or attributable to the consumer, to any of the providers of the Site or to a third party. distance selling contract.
In the event of non-conformity of the delivered order with respect to the ordered product (s), the Customer must, without delay as from the day of delivery, send any complaint to the Site by sending a email addressed to the following address: [email protected]
Said complaint must be motivated, contain a copy of the invoice of the order and be made no later than one (1) day after receipt by the Customer of the command.
In case of necessity, the Customer is strongly invited to make any justified reservation when he receives the ordered products.
In the absence of complaint in the terms and deadlines as stipulated above and / or reservations directly and exclusively formulated by the person as indicated on the order invoicing issued by the Site mean that the delivered product (s) are deemed satisfactory and accepted by the Customer. As such, neither the ordered product (s) nor the delivery are subject to subsequent disputes.
Article 11: Right of withdrawal
From the day he receives the order, the Customer has a period of fourteen days to exercise his right of withdrawal without having to justify any reasons or to pay penalties, except, as the case may be, the costs of return. The Customer exercises this right by sending a registered letter with an acknowledgment of receipt addressed to the head office of the owner of the Site within the time stipulated above. A product already used can not be exchanged or refunded.
Any right of withdrawal can not be exercised concerning the supply of any product made and / or customized according to specifications unilaterally or directly requested or required by the Customer.
Article 12: Exercise of the right of withdrawal and return of products
If, for any reason, the Customer is not satisfied with the product or products he has ordered and received by him, he is entitled to return them to the Site. The means allowing the Customer to return the product (s) received are unilaterally and directly chosen by the Customer.
All returns of products must be made to the address of the registered office of the company.
Any return of products exclusively accomplished in the period as indicated in Article 11 of the GTC is to exercise within the legal right of withdrawal available to any consumer.
The costs of return of the products are the sole responsibility of the Customer.
Beyond the deadline stipulated in Article 11, the Site is not obliged to refund the products returned by the Customer.
To open the right to a refund, the returned products must obligatorily and imperatively be returned in perfect condition and in their original packaging. Otherwise, the Site reserves the right to withhold all or part of the amount paid by the Customer during its Online Purchase. Similarly, the returned product (s) must not bear any trace of use or soiling, be accompanied by all the accessories with which they were delivered and not have been exchanged by any other products.
In all the cases of return of products, the Site reserves the right and the faculty to carry out one or more control of the returned products and / or conditions and / or the packing of the return before making any possible total or partial refund sums paid by the Customer during his Online Purchase.
In the event of a lack of reimbursement or a partial refund on the part of the Site, the Customer remains the owner of the products he has acquired via the Site. In this case and as owner of the products acquired by him, he is entitled to claim ownership. As such, the returned product or products are exclusively available at the return address previously stipulated for a period limited to two (2) months from the day of receipt of any returned product and having, beforehand, the request for recovery by sending an email to [email protected]
Upon the exercise of the right of withdrawal within the legal period as stipulated in Article 11, the Site shall refund all the sums paid, as soon as possible and no later than thirty (30) days following the date on which which right has been exercised. Beyond that, the sum due is, as of right, productive of interest at the legal rate in force. This refund is made by any means of payment as established by the Site. On the proposal of the Site, the Customer having exercised his right of withdrawal may however opt for another method of reimbursement. As such, he must make the request by sending an email to the following address: [email protected]
Article 13: Treatment of personal data
Any person registered on the Site and / or purchasing one or more products on the Site must communicate personal data to the Site.
The Site collects and processes any personal data in strict accordance with the law relating to computers, files and freedoms. Pursuant to the said law, any person who has communicated such data has, without reserve of any kind, rights of access, rectification and deletion of said data.
In the context of the perfect fulfillment of its services and the perfect execution of the Order, the Site guarantees that the personal data relating to the delivery address of the order are only and exclusively transmitted to the provider of the site providing and delivering the order. or the products ordered.
The banking data communicated in connection with the payment of the Order are in no way collected by the Site. The said data are collected and processed according to a computer procedure established by the online payment provider, which collects it directly and securely without the Website or any third party being able to access it at any time.
Article 14: Intellectual Property
All the visuals directly displayed on the Site by the owner of the Site or its service providers are protected by one or more intellectual property rights and / or by a right to the image.
As such and apart from the exceptions as provided by the Code of Intellectual Property, the users of the Site are not authorized to perform one or more acts of reproduction, representation and / or reuse of said visuals, for any reason whatsoever and for any use whatsoever without prior request and after express acceptance of the Site.
Any use of such visuals without express and prior authorization exclusively granted by the Site is likely to constitute acts of counterfeiting. As such, the Site reserves the right to initiate legal proceedings in Moroccan courts, the only ones competent in the matter.
All elements of the Seller’s Site, whether visual or audio, including the underlying technology, belong to the Site owner, one of its service providers and / or some of its suppliers. As such, they are protected by copyright, trademarks or patents.
Article 15: Hypertext links
In a personal or professional capacity, any person is authorized to establish:
■ one or more simple hypertext links pointing to the home page of the Site.
■ one or more deep hypertext links pointing to any page of the Site.
The Site reserves the right to terminate any permission to place hypertext links at any time if it appears that the link (s) established may be detrimental to the Site, to its owner, to any providers or one of its suppliers.
Any existence of a hypertext link from any third party site established on the Site does not imply any cooperation of any kind between the Site and this third party site. The Site and its owner have no control over the sites of third parties and assumes no responsibility of any kind as for the contents, products, services, information, materials and software displayed and / or made available on the Site.
The Site may contain hypertext links to partners or sites of third parties. The owner of the Site has no control over these sites and assumes no responsibility for the availability of these sites, their content, advertising and products and / or services made available on or from these sites.
The Site will not be held responsible for any direct or indirect damage that may occur during the user’s access to the partner sites and / or third parties and the use of the contents and services of this site by the user.
Article 16: Liability reserve
The Site performs all its contractual obligations in good faith and with all possible care in use in its profession within the framework of a general obligation of means related to the provision of digital services. With regard to the computer services provided via the Internet, the users of the Site are informed that in the state of the art, the proper functioning of the Site and its services depends on factors and / or intermediaries. provision of digital and internet services that are not necessarily service providers or under the control of the Site owner.
The Site does not provide any guarantee concerning the quality and compatibility of the Site and the digital services available on the Site with the computer terminals and / or the materials of the users of the Site and / or their adaptation to a specific use.
The Site does not guarantee that access to the Site fully meets the expectations of users of the Site, which may be uninterrupted for reasons beyond the control of the Site owner.
Article 17: Force majeure
The responsibility of the Site and / or its owner can in no case be sought if the availability of the Site or the execution of the contract of distance selling is delayed or prevented due to a case of force majeure or a case accidental, because of a user of the Site, a Customer or a third party or delayed or prevented for external causes such as social conflicts, interventions of civil or military authorities, natural disasters, fires, water damage, interruption of an electronic communications network (wired or wireless) or the electrical network.
Article 18: Litigation
In the event of litigation, is born from the execution of the contract of distance selling and / or in the interpretation of the GSC, between the owner of the Site and a Customer made obligatorily and before anything else the object of a negotiation and a search for an agreement between the parties to the dispute. In case of non-amicable resolution of the dispute, it must be brought before the exclusive courts of Fez.
Article 19: Method of payment
To pay your order, you choose the payment method among those offered by bms-boutique.com at the level of the payment page.
In this case, the delivery of the transaction for debiting your account is made within one day of the date of the delivery confirmation.
Your payments are secured by the Telecommerce platform which offers a fully secure payment service.
The Consumer guarantees the Company bms-boutique.com that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the Order Form.
In case of payment by credit card, the provisions relating to the fraudulent use of the means of payment provided for in the agreements concluded between the Consumer and the issuer of the card between the Company bms-boutique.com and its banking establishment apply .
Article 20: Duration of the GTC
The GTC apply for the duration of the Website.
Article 21: Miscellaneous
The GTC constitutes the entire contract of distance selling accepted by the purchaser of the products ordered by the Customer and replace any offer, provision or agreement previously established.
Modification of the GTC
The Site reserves the right to make changes to the GTC. These changes take effect when they are posted on the Site.
If any provision of the GTC is declared invalid or unwritten, under a rule of law in force or a court decision having the force of res judicata, it is in no way likely to result in the invalidity of the GTCS or alter the validity of any other stipulations.
The fact of not claiming the application of any clause of the GSC or acquiesces in its non-performance, whether permanently or temporarily, can not be interpreted as a waiver of the rights applicable under this clause.
Applicable law and language
The GTC are governed and subject to the Moroccan law only applicable law in the matter.