TERMS OF SALES

TERMS OF SALES

Any order placed through the site assumes the reading and prior acceptance of these general conditions of sale.

Introduction

The e-commerce site www.smartmarket.ma is managed by the company SMART MAGASIN, which is the sole operator.

The customer acknowledges being fully informed of the fact that his agreement concerning the content of these General Terms and Conditions of Sale (GTC) does not require the handwritten signature of this document.

The website www.smartmarket.ma mentions the following information:

  • Legal notice allowing the identification of the company Smartmarket
  • Presentation of the characteristics and visual of the goods offered
  • Indication of the price of the goods
  • Indication of payment and delivery terms
  • Existence of a right of return of goods (sub-conditions)
  • All of this information is presented in French. The consumer declares to understand this language and to have the full legal capacity allowing him to engage under these GCS.

Items

Section 1

Entirety

These T&Cs express all of the obligations of the parties. In this sense, the customer accepts without reservation all the provisions provided for in these GCS. No other general or specific condition may be incorporated herein.

Section 2

Object

The purpose of these GCS is to define the rights and obligations of the company SMART MAGASIN (company offering products for sale on the Website it operates: www.smartmarket.ma and of its Customers (individuals, consumers and professionals) as part of the sale of products through the e-commerce site www.smartmarket.ma.
The www.smartmarket.ma website is the property of SMART MAGASIN, whose head office is located at:

Villa 4, Rue Nopalea, Lot 4 Sector 17 Block I, Hay Riad - Rabat, Morocco.
ICE: 002707308000041
IF: 50135431
RC: 150579

Section 3

Entry into force and duration

The applicable conditions are those in force on the site at the time the order is placed. SMART MAGASIN reserves the right to modify, without notice and at any time, these GCS, the modifications then being applicable to all orders subsequent to these modifications.

Section 4

Electronic validation

Placing an order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

Section 5

Order confirmation

The contractual information will be confirmed by email or SMS or telephone call no later than the time of delivery or, failing that, to the address or number indicated by the consumer when ordering. For any purchase of products prohibited for sale to minors, the customer certifies being of legal age when placing the order. SMART MAGASIN cannot be held responsible in the case of a purchase for a third party.

Section 6

Proof of transaction

The computerized registers, kept on the servers of the company SMART MAGASIN under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Archiving of orders and invoices is carried out on a reliable, durable and secure medium that can be produced if necessary as proof.

Section 7

Product Information

The company SMART MAGASIN presents on its website www.smartmarket.ma the products for sale with the necessary characteristics that allow compliance with Article 3 of Law No. 31-08 enacting measures for the protection of Moroccan consumers, which provides for the possibility for the potential consumer to know before taking the final order the essential characteristics of the product he wishes to acquire.

Section 8

Stock

The offers presented by the company SMART MAGASIN on the site www.smartmarket.ma are only valid within the limits of available stocks.

Section 9

Applicable prices

The prices are indicated in Dirhams and are valid only on the date of the sending of the purchase order by the customer. They do not take into account shipping costs, invoiced in addition.

Section 10

Payment method

The full price of the items must be paid in cash upon receipt of the order after the control of the package. Discount coupons are not cumulative. Any order placed cannot include more than one reduction voucher. Discount coupons whose date has expired are permanently lost whether they are reduction in percentage or in cash value.

Section 11

Product availability

In case of unavailability of the ordered product, the customer will be informed at the earliest within 5 working days and will have the possibility of canceling his order partially or totally. Orders are prepared Monday through Friday, when all products are available.

Section 12

Delivery terms

The products are delivered to the address indicated by the consumer when ordering. The delivery is carried out by companies specialized in delivery. Delivery costs will be borne by the Customer. The consumer is required to check the condition of the package received upon receipt and report any damage due to the delivery person on the delivery note, as well as to the company SMART MAGASIN, within 5 working days. In case of absence during home delivery, an e-mail or SMS will be sent to the customer, allowing the parcel to be collected at the post office indicated during opening hours, within 15 days.

Section 13

Delivery problems due to the delivery person

Any anomaly concerning the delivery (missing product compared to the delivery note, damaged package, broken product, etc.) must imperatively be indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature. At the same time, the consumer must confirm this anomaly by sending the delivery company within two working days of the delivery date a registered letter with acknowledgment of receipt setting out the said complaints. The consumer must send a copy of this letter by email to: contact@smartmarket.ma

Section 14

Delivery errors

The consumer must formulate with the company SMART MAGASIN on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind, in quality or in quantity in relation to the indications appearing on the order form. Any complaint made beyond this period will be rejected.
The formulation of this complaint with the company SMART MAGASIN must be made in priority by e-mail to the following address: contact@smartmarket.ma. For the proper processing of the request, the consumer must specify the order reference listed on the delivery note. Any complaint not made in the rules defined above and within the time limits could not be taken into account and will release the company SMART MAGASIN from any liability vis-à-vis the customer. Upon receipt of the complaint, SMART MAGASIN will assign a merchandise return or exchange number for the product(s) concerned and communicate it by e-mail to the customer. The exchange or return of a product can only take place after the allocation of an exchange number according to the procedure presented above. In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to SMART MAGASIN as a whole and in its original packaging, in Amana, at the following address: Villa 4, Rue Nopalea, Lot 4 Sector 17 Block I, Hay Riad - Rabat, Morocco.

Section 15

Return terms

Only products returned as a whole will be taken back, in their complete and intact original packaging (including accessories), and in perfect condition for resale. Any product that has been damaged or whose original packaging has been damaged in such a way as to compromise its resale, cannot be subject to a right of withdrawal.

Section 16

Partial non-validation

If one or more stipulations of these general conditions of sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their strength and reach.

Section 17

No Waiver

The fact for one of the parties not to take advantage of a breach by the other party of one or any obligation referred to in these general conditions of sale cannot be interpreted for the future as a waiver of the obligation in question.

Section 18

Applicable law

These general conditions are subject to Moroccan law. This is the case for rules of substance as well as for rules of form. In the event of disputes, the customer may file complaints with SMART MAGASIN Customer Service in order to seek an amicable solution.

Section 19

Modifications and updating of catalog prices and validation of orders

The information and written descriptions as well as the photos that accompany them on the product sheets may be modified without reservation or notice.

When updating collections, written descriptions and photos are said to be “Non-binding”. For more information on the products, the customer must if he wishes, ask for confirmation on the accuracy of the visual online and this before starting an ordering procedure.

The prices indicated on our website are checked every day and validated by our services following customer orders and before shipment. It may therefore be stipulated to the customer that the registered order is not admissible following a technical incident or a price display error. As such, the order would be immediately canceled and the customer will be informed of this cancellation.