Terms And Conditions Of Sale

ARTICLE 1 – Scope of application 

These general conditions of sale (hereinafter referred to as the “General Conditions”) apply without restriction or reservation to all sales concluded between the company beauhali inc, the seller on the one hand SARL with a capital of 70 000dhs, whose headquarters is N3, Rue Mahmoudia lot El Borj RDC Apt.2 Ain Aamir route Ain Chkef – FES, and any user (hereinafter the “Customer”) of the site www.beauhali.com (hereinafter the “Site”) wishing to make a purchase.

These General Conditions of Sale are accessible at any time on the Site and will prevail, if necessary, on any other version or any other contradictory document.

These terms and conditions of sale may be subject to change.

Beauhali reserves the right to modify at any time without prior notice to the Customer its general conditions of sale. The modified terms and conditions of sale are enforceable against the Customer as of and for the duration of their posting online for products ordered after their posting online.

Each purchase on the Site is subject to all the clauses of the general terms and conditions of sale applicable on the date the order is placed. The Customer can validate his order only after having read these terms and conditions and having accepted them by checking the box dedicated to this purpose.

Beauhali considers that by validating his order, the Customer has duly read the general conditions of sale and accepts them without reservation.

The conditions applicable and enforceable against the Customer are those in effect at the time of validation by the Customer of his order recorded on the Website.

The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or by means of other distribution and marketing channels.

ARTICLE 2 – Purpose

The Website allows “Beauhali” to offer for sale leather goods and all items designed and created by and for Beauhali.

• to have the capacity to enter into this contract, i.e. to be of legal age and not to be under guardianship or curatorship.
• not to make purchases with a view to reselling them.

Beauhali is a registered trademark and protected by Moroccan law. Beauhali SARL can in no way be held responsible for the abuse that third parties could make by using the name “beauhali.com”.

These general conditions of sale are intended to govern :

• the organization of legal relations between Beauhali and the Customer.
• the terms of sale between Beauhali and the Customer (order, delivery etc. ..).

ARTICLE 3 – products 

• The products offered for sale by Beauhali are those listed on the site, at the time of consultation of the site by the user and within the limits of available stocks.
• In case of unavailability of one of the products, the buyer will be informed as soon as possible.
• The photographs and texts illustrating the products are not part of the contractual field. If these photographs and / or texts were inaccurate, Beauhali can not be held responsible for this.
• The Seller offers handmade items (textiles, leather goods, wallets, card holders, bags …) which may result in the presence of variations in color, shape, finish and discoloration that can not be considered as defects, because related to their craft “handmade” which makes them unique pieces.

ARTICLE 4 – prices

• The prices are indicated in Moroccan Dirham/Euro all taxes included including the VAT and except expenses of delivery which remain with the load of the Net surfer except mention or particular conditions
• The prices indicated take into account the VAT applicable on the day of the order. If the VAT rate was to be modified, these changes could be reflected on the price of the articles without the Internet user being informed in advance.
• Any order placed on the site and delivered outside Morocco may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. Beauhali is not required to check and inform the buyer of the applicable customs duties and taxes.
• The prices indicated on the site are guaranteed on the day of the order within the limits of available stocks, except for significant changes in charges and in particular VAT, and except for obvious typographical errors or omissions.
• The prices indicated do not take into account the shipping costs that will be charged in addition and will be specified to the buyer on the order summary, before final validation of the order.
• Beauhali reserves the right, which the user accepts, to change its prices at any time but the products will be charged on the basis of the rates in effect at the time of registration of the order, subject nevertheless.

Article 5 – Ordering procedure and terms

5.1 – Customer identification

To place an order, the Customer must connect to the Site. The Site is accessible 24 hours a day, 7 days a week, subject to incidents affecting the level of service.

When ordering for the first time, the customer has the choice between registering or ordering directly without registration. For subsequent orders, the Customer may access his account, if he has created one, by entering his login and password.

The Customer is entirely responsible for his login and password and undertakes to keep them confidential.

5.2 – Placing an order

The Customer wishing to place an order selects products on the Site. Once the selection is made, the Customer must click on the validation button. The basket is thus constituted by the Customer.

The ordering process takes place in 4 steps, following the validation of the basket by the Customer:

1.           Summary of the order:

The Customer checks the contents of his basket and can, if necessary, modify it, and/or enter an advantage code allowing him to benefit from an offer currently available on the Site. Prior to the final validation of his order, the Customer has the possibility to make changes when he notices that an error has appeared in the data entry.

2.           Delivery

The customer will be informed of the mode of delivery which is proposed to him and the rate with the weight in force since the country of departure. which is subjected to the local rates of forwarding of the international carriers such as Colissimo, GLS, DHL etc…

3.           Payment :

Once steps 1 and 2 are validated, the Customer must select his payment method, and validate his payment.

– The payment of the purchases is carried out with the choice of the Customer:

– Fight against fraud during payment:

Beauhali reserves the right to ask the customer to prove his identity, his place of residence and the means of payment used. If Beauhali does not receive the said proofs, it reserves the right to cancel any order.

Beauhali reserves the right to refuse to honor any order in the event that there is a dispute over payment of a previous order.

In case of non-payment for any reason whatsoever, an amicable fixed compensation of 150 Dhs will be required by Beauhali in addition to the amount of the invoice, plus the debit fees charged by Beauhali’s bank in the event that the amicable collection would have remained unsuccessful within 10 days from the date of sending the first letter of request for recovery, whether this letter is sent by registered mail or by simple letter. The collection will be made by contentious way. The costs of litigation that the collection agency acting for Beauhali may have to charge directly to the Customer are independent of the amicable lump sum payment.

4.           Confirmation :

The order is firm for the Customer upon validation of his order, subject to the implementation of his “Right of Withdrawal” that he can exercise within seven (7) calendar days following the date of receipt or withdrawal of the Order. If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next business day.

 Customers wishing to exercise their right of withdrawal must return the items within the above-mentioned period, in their original packaging, complete and new.

The costs of returning the items following the exercise of the right of withdrawal are at the customer’s expense.

Items returned in new condition will be reimbursed within fourteen days minus the first shipping costs to be paid by the customer who renounces his purchase.

The products will have to be returned to the following address N3, Mahmoudia Street lot El Borj RDC Apt.2 Ain Aamir road Ain Chkef – FES.

The validation of the order by the Customer and the payment of it lead to the receipt of a confirmation email sent by Beauhali to the email address indicated by the Customer.

Beauhali reserves the right not to validate a personalized order if the personalization does not respect its values and ethical or aesthetic standards, in this case the customer will be automatically refunded within two days. 

The data provided by the Customer and recorded by Beauhali during the registration of the order constitute proof of the transactions between the Customer and Beauhali.

4.3 – Order tracking and delivery

The Customer chooses a delivery address that must be located in Morocco or abroad. The Customer shall be solely responsible for any failure to deliver due to a lack of information at the time of the Order.

The Seller shall provide the Customer with a tracking number that will allow him to follow the progress of his order.

The amount of the Delivery Costs depends on the amount of the Order, the country, and the delivery method chosen by the Customer. In any case, the amount of the Delivery costs will be indicated to the customer before the validation of the Order.

Delivery times may vary according to the availability of the goods ordered.

Delivery times are given in working days and correspond to the average time required to prepare and ship the Sales Order within France.

Delivery times shall run from the date of Order Confirmation by the Seller.

In the event of late delivery, the order shall not be cancelled.

The Seller shall inform the customer by e-mail that the Delivery will be delayed. The customer may then decide to cancel the order and shall send an order cancellation notice to the Seller by e-mail.

If the Order has not yet been shipped when the Seller receives the Customer’s cancellation notice, delivery shall be blocked and the Customer shall be reimbursed for any sums debited within fourteen days of receiving the cancellation notice. If the Order has already been shipped when the Seller receives the Customer’s cancellation notice, the Customer may still cancel the Order by refusing the package. The Vendor shall then refund the sums debited and the return shipping costs paid by the Customer within fourteen days of receiving the return of the refused package, complete and in its original condition.

Delivery in Morocco:

Delivery is ensured by the competent services of the company Aramex.

Except to force majeure cases, delivery times will be within the limits of available stocks, from 24 to 72 hours after validation of the order. The responsibility of the company “Beauhali” can not be held liable for late delivery, for any reason whatsoever. Therefore, no claim for compensation of any kind whatsoever, can be claimed by the user.

Beauhali reserves the choice of carrier and guarantees the proper delivery of products. The risks of transport are borne by the customer from the time the product leaves the warehouse.

The customer is required to check the condition of the packaging and the conformity of the product delivered, and to make any reservations on the delivery note of the carrier.

Home delivery is not guaranteed for all cities in Morocco.

International delivery:

Beauhali will make its best efforts to ensure that the order is prepared and delivered to the carrier within an average of one (2) to five (10) working days from the day following the validation by the buyer of his order.

The delivery of the parcel is made against the signature of the addressee. In case of absence, a notice is left to the recipient or by mail or by phone. From the date mentioned on the notice of passage, the recipient has 15 days to withdraw his package in the offices of the carrier.

For all standard orders shipping France and Europe, shipped from Morocco delivery times are 15 to 45 days.

Delay / no delivery :

We work with fast and reliable international carriers, however, it is possible, as in any shipment, that there may be a delay in delivery or that the product goes astray. In case of late delivery, the customer must inform Beauhali’s customer service. This information can be done by email to contact@beauhali.com Beauhali will transmit the information to the carrier to initiate an investigation. This investigation may last up to 21 days from the date of its opening. If during this period, the product is found, it will be immediately redirected to the home of the Buyer (in most cases). If on the other hand the product is not found at the end of the 21 days investigation period, the carrier considers the package as lost. In this case, Beauhali will send you a replacement product, at its expense. If the lost product(s) were no longer available at that time, Beauhali would refund you the amount of these products. Beauhali disclaims any responsibility for the extension of delivery times due to the carrier, especially in case of loss of products or strike.

Receipt of the order:

Upon receipt of the order, the Buyer shall verify the conformity of the Products received in execution of his order. Any anomaly concerning the delivery (damage, non-conformity, missing product compared to the delivery order, damaged parcel, broken products…) will have to be imperatively indicated on the delivery order in the form of “handwritten reserves”, accompanied by the signature of the Purchaser. The Buyer will have in parallel to confirm anomaly by addressing to the carrier at the time of the delivery.  The Buyer will have to transmit a copy of this mail by e-mail to contact@beauhali.com

Unless there is a legitimate reason, any claim not brought to Beauhali’s attention within 21 days of receipt of the Products shall be considered inadmissible, and Beauhali shall not be held liable.

Beauhali reserves the right to ask the Customer to return the non-conforming or damaged Product.

In case of abnormal or abusive returns, Beauhali reserves the right to refuse to honor a subsequent order.

ARTICLE 5 – PROTECTION OF PERSONAL DATA :

Beauhali undertakes not to communicate personal data (name, address, telephone, email, etc.) or those relating to payment that have been provided to some companies or third party organizations except in the following cases:

• In the case of the fight against fraud on the Internet
• Within the framework of the associated services chosen by our customers (delivery, etc) to facilitate a transaction or to solve a possible litigation.
• In the event that Moroccan law requires it.
• To answer an injunction emanating from a decision of justice or the legal authorities.

By accepting the general conditions of sale, customers give their consent to the use, by beauhali.com, of personal data concerning them.

In order to provide a service that meets the needs of its customers, Beauhali may collect data relating to the reputation and use of its own services. This data will only be used on an anonymous and aggregated basis.

Beauhali may use appropriate technical means to personalize its services.

The users of the site Beauhali.com, whether they are already customers or not, have a right to access and modify the information kept by beauhali.com about them. This right can be exercised by sending an email to contact@beauhali.com. The user will be able to cancel his subscription to the newsletter and / or cancel the request for information on the products he has chosen.

Customer accounts and data are protected by a password. Users are solely responsible for maintaining the confidentiality of their password and/or any information related to their profile.

ARTICLE 6 – INTELLECTUAL PROPERTY :

All elements of the BEAUHALI website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.

They are the exclusive property of BEAUHALI INC SARL. The Internet user who has a personal website and who wishes to place, for personal use, on his website a simple link directly to the homepage of the Beauhali website, must request permission from BEAUHALI INC SARL.

On the other hand, any hyperlink to the beauhali.com website using framing, deeplinking, in-line linking or any other deep linking technique is in any case strictly prohibited. In the cases, any link, even tacitly authorized, will have to be withdrawn on simple request of the company BEAUHALI INC SARL.

ARTICLE 7.1 – RESPONSIBILITY :

The Beauhali Site has, for all the steps of access to the Site, the ordering process, the delivery or the subsequent services, only an obligation of means. The responsibility of the site can not be held liable for any inconvenience or damage inherent in the use of the Internet, including disruption of service, external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with the case law.

In addition, Beauhali disclaims liability for any breach of its contractual obligations in the event of force majeure or fortuitous event, including, but not limited to, internal or external strike, fire, disaster, internal or external failure, and any event preventing the proper execution of orders.

If the dispute concerns payment transactions, the bank or the third party in charge of the payment system may be consulted.

Beauhali retains full ownership of their products sold until full payment of the main price, including fees and taxes.

ARTICLE 7.2 – FORCE MAJEURE :

Beauhali shall not be liable for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event constituting force majeure, recognized as such by the case law.

The Parties agree that they shall consult as soon as possible in order to determine together the methods of execution of the order during the period of the force majeure event.

After a period of one (1) month of interruption due to force majeure, the parties shall be released from their obligations towards each other.

ARTICLE 7.3 – PARTIAL INVALIDITY :

If one or more stipulations of the present general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.

ARTICLE 7.4 – COMPLETENESS OF THE CONTRACT :

The present general conditions of sale and the order summary sent to the buyer form a contractual whole and constitute the entirety of the contractual relations between the parties. In case of contradiction between these documents, the general sales conditions will prevail.

ARTICLE 7.5 – APPLICABLE LAW-JURISDICTION :

The present general conditions of sale are governed by Moroccan law. For all disputes relating to this contract between Beauhali and an Internet user, the Commercial Court of Fez shall have sole jurisdiction.

ARTICLE 8 – RIGHT OF WITHDRAWAL:

A period of seven (7) calendar days is made available to the Customer for the exercise of his/her right of withdrawal, depending on the date of receipt or cancellation of the Order. If the deadline ends on a Saturday, Sunday, or public holiday, it is automatically extended until the first working day following.

The customer wishing to exercise his right of withdrawal must return the items within the aforementioned period, preserving their original packaging and returning them in new and complete condition.

The costs associated with the return of the items as a result of the exercise of the right of withdrawal shall be borne by the customer.

The right of withdrawal does not apply in the following cases:

-Beauhali began the execution of the order, with the consent of the consumer, before the expiry of the period of seven (7) calendar days.
-Products made according to customer specifications or customized products.