General Terms & Conditions of Sale
These general conditions are concluded between:
The company jYANN, a simplified joint-stock company registered to the RC of Marrakech- Morocco under the number 117565, located at RDC Zaouia El Aabassia Deb Najem number 1, rue Boutouil magasin number 6 MARRAKECH. Phone number : +212661174957 . E-mail : [email protected]
And :
Customers who order from jYANN company.
Article 1 – Definition
For the needs for this contract, the following terms, since they will be provided with a first capital letter, will have the following definition:
“Customer” means the entity to which Seller is providing Products under the Contract.
“Contract” means either the contract agreement signed by both parties, or the purchase order signed by Costumer and accepted by jYann company in writing, for the sale of Products ,
“Contract Price” means the agreed price stated in the Contract for the sale, including adjustments (if any) in accordance with the Contract.
“Products” means the equipment, parts, materials, supplies, and other goods jYANN company has agreed to supply to Customer under the Contract.
“jYANN company” means the entity providing Products under the Contract.
“Terms and Conditions” means these “General Terms and Conditions for the Sale of Products”, together with any modifications or additional provisions specifically stated in Seller’s final quotation or specifically agreed upon by Seller in writing.
Article 2 – Object
These general conditions of sale apply to all sales of products made between JYANN and its Customers.
These General Terms and Conditions of Sale constitute, with the order summary (or order confirmation), the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogs, promotional mailings, press announcements, or photographs of the services which have only an indicative value.
These General Terms and Conditions of Sale as well as all the contractual information mentioned on the website are written in French and English. The Customer can save and print them.
They are governed by Moroccan law
The fact that Customers place an order with JYANN constitutes pure and simple acceptance of these General Terms and Conditions of Sale, which the Customer acknowledges having read prior to his order, and this in full knowledge of the facts.
Failing acceptance, the company JYANN would not have validated the order. The GCS are, as such, systematically submitted to the Customers before the final stage of validation of the order to allow them to become acquainted with them. These conditions cancel and replace all previous general conditions of sale.
All other provisions contrary to these General Terms and Conditions of Sale are in principle unenforceable against JYANN.
The company JYANN reserves the right to refuse to conclude a sale or to conclude it under conditions derogating from these in the event of a previous payment incident. The fact that JYANN does not avail itself, at a given time, of any of these general conditions, cannot be interpreted as a waiver on its part to subsequently avail itself of one of the said conditions. Any change in the regulatory context may result in either an amendment or a complete reissue of these general conditions of sale.
The order is open to any Internet user who is of legal age and capable of complying with these General Terms and Conditions of Sale and the General conditions of use (GCU) of the JYANN website.
Article 3 – Products conditions
The product offer is valid during its presence on the Website and according to the availability of the Products in the showroom.
JYANN undertakes to honor orders received within the limits of available stocks, and a reasonable time.
The photographs or videos illustrating the products do not enter into the contractual field. They may represent in particular suggestions for the presentation of the Product once opened. More generally, the descriptions, texts, characteristics, illustrations, photographs, graphics on the Website and the catalogs of the company JYANN are given for information only. If errors have been introduced, the company JYANN apologizes now and intends to specify that in no case, its responsibility cannot be engaged in this respect.
In case of unavailability of a product after placing the order, jYANN company will inform the Customer by e-mail or by telephone within forty-eight (48) hours before delivery. The Customer may then request the cancellation of all or part of his order and obtain reimbursement of the part of the order that cannot be honored or of the entire order within fifteen (15) Days from the decision of the Customer, by bank transfer or credit note. However, jYANN company may, with the agreement of the customer, honor the order within an additional period negotiated with the customer, and in this case no refund or credit will be made by jYANN company.
Article 4 – Shipment and delivery
Any order not giving rise to modifications notified by email or telephone to the JYANN company following the confirmation of the order, will be considered as accepted and final.
Any modification of the order requested by the Customer can only be taken into account insofar as the latter intervenes at the latest one day (twenty four hours) after the order if the shipment has not been made. These modifications may be taken into account depending on the available stock..
All orders must specify, in an exact manner, the name and address of the customer, the telephone number and the email address, the product ordered, the quantity and the place of delivery. The delivery costs will be communicated to the Customer at the time of the confirmation of his order, and will be at his expense in full as well as any customs taxes.
An official document from the JYANN company bearing the name “order confirmation” will be sent to the Customer by email.
Delivery will be provided by a partner carrier chosen by JYANN. The delivery time and conditions for this order will be communicated in the order confirmation sent by JYANN. The delivery time indicated on the order confirmation is a non-contractual time.
It is up to the Customer to be able to receive the order. Otherwise, the products will be returned to the JYANN company, and the product not received by the Customer will be kept by the JYANN company.
The customer will only be able to receive the order a second time (2nd) after having paid the price of the transport of the return of the product to the company JYANN and the new reshipment, failing which, the product will be acquired from the company JYANN definitively within a period one (1) month if the customer does not show up.
Article 5 – Payment terms
5.1.- Price conditions
Products can be paid in dirhams, dollars or euros including (+ TVA) excluding delivery costs and any customs taxes.
The applicable price is that in force on the day the order is placed by the Customer as indicated on the order confirmation that JYANN sends to the Customer.
For customers based abroad who purchase JYANN brand products, TVA is not applicable.
The price is payable when ordering on the JYANN website or at the showroom.
Once payment for the product has been confirmed, JYANN will proceed with the packaging and shipping of this product as indicated in article 4 above.
5.2.- Means of payment accepted
Payments are made by:
– online credit card on the site www.jyann.com;
– PayPal.
-or by cash at the showroom.
Please note: only bank cards with the acronym CB, VISA, EUROCARD, MASTERCARD, AMERICANEXPRESS are accepted.
Article 6 – Reception
Upon receipt of the order, it is the Customer’s responsibility to check the number and condition of the products on delivery and more generally the conformity of the shipment with the order and sign the carrier’s receipt slip.
No return of products will be accepted if the products delivered show no anomaly and comply with the order. In addition, no return of non-compliant products can be made without the express prior agreement of JYANN.
The product can be returned, but it must be in perfect condition (identical to the product shipped by the JYANN company) and returned in their original packaging, within seven (7) days of the order, and not of the reception. The liability of JYANN company is strictly limited to the obligation to replace a product with an equivalent or similar product depending on the stock or to reimburse the price of the products once all the costs incurred by the JYANN company have been subtracted by the latter (expenses Paypal commission, bank charges, exchange fees). Initial shipping charges are not refunded to the customer.
Finally, JYANN doesn’t take back altered or damaged products after delivery to the Customer. The Customer is the only one responsible for the degradation of the products resulting, in particular, from their storage or their conservation under abnormal conditions or incompatible with their nature. As such, upon receipt of the product, the customer must send photos or videos to the JYANN company, which assesses the condition of the product, and therefore the recovery or not of the product.
Article 7 – Ownership and passing of risk
All products shall remain jYANN company’s [rp[erty until paid for in full.
However, the risks of deterioration, partial or total loss of the products are transferred to the Customer upon delivery.
Article 8 – Force Majeure
jYANN company will be excused from its obligations under the Agreement and these Terms to the extent prevented or delayed by circumstances beyond its reasonable control, including, without limitation, fire, flood, natural disaster, change in applicable law, difficulty sourcing raw materials, war, equipment breakdown, strike, lockout, labor dispute, and interruption in utilities or transportation.
Consequently, jYANN company’s responsibility cannot, in any of these cases, be engaged.
Article 9 – Limited warranty and disclaimer
jYANN company guarantees, in accordance with the legal provisions, the Customer against any hidden defect, resulting from a manufacturing defect affecting the delivered products and making them unfit for consumption. Any guarantee is excluded in the event of non-compliance by the Customer with the integrity of the packaging and/or the product, non-compliance with the maintenance conditions, as defined by the user guide.
The following elements do not allow the Customer to declare a latent defect and discharge the company JYANN from an obligation to take charge:
– Recommended storage or washing temperatures not respected;
– Lack of cleanliness of the storage area;
– Abnormal humidity level;
– Extreme temperatures;
– Mishandling by the Customer;
-Etc.
This list is not exhaustive.
Article 10 – Non-renonciation
It is agreed that the fact for JYANN to abstain, punctually or periodically, from asserting any of the terms of these general conditions of sale or from not imposing their application on the Customer, cannot in any way constitute case a waiver by JYANN of the said terms of these general conditions of sale, nor affect them in any way.
Article 11 – References
Unless otherwise decided by the Customer in writing, the latter expressly authorizes the JYANN company to mention its status as a Customer of the JYANN company, in particular on its commercial or promotional documents, on its website or on social networks, in addition, the JYANN company may publish the photos of the customers with the products of the JYANN company, unless otherwise notified in writing by the customer.
Article 12 – Intellectual property
All of the content of the jYANN company website is protected by the legislation relating to intellectual property under Moroccan law.
All elements (photographs, videos, texts, etc.) of the Website, catalogs and other commercial documents of the JYANN company, whatever their nature, including the underlying technologies, are protected by the right of copyright, trademarks, designs and industrial models. Thus, none of these elements may be copied, reproduced, republished, downloaded, posted, modified, transmitted or distributed in any way whatsoever without the prior written consent of the company JYANN. Failure to comply with this provision constitutes an infringement of the intellectual and/or industrial property rights of JYANN.
Any copy, representation, reproduction, in whole or in part, on any medium whatsoever, and in general any exploitation, is strictly prohibited.
Failure to comply with this prohibition constitutes an act of counterfeiting and engages the civil and/or criminal liability of the counterfeiter.
Any parasitic action will also be prosecuted on the grounds of criminal and/or civil liability.
Article 13 – Personal data
Personal information relating to Customers may be subject to automated and protected processing. This information is intended for JYANN, which may need to contact the Customer for information or commercial proposals, in accordance with Law Number. 09-08 relating to the protection of natural persons in the regard to the processing of personal data
JYANN also takes into consideration the provisions of the European GDPR regulation of April 27, 2016, for the respect of the personal data of its Customers.
The privacy policy of the JYANN Website sets out in detail the protection of Customers’ personal data.
Article 14 – Proof, conservation and archiving of transactions
In all cases, the final validation of the order will be worth proof of the entire transaction in accordance with Moroccan law.
In the event of fraudulent use of his bank card by a third party, the Customer is invited, as soon as this use is observed, to contact his own bank and/or his insurer, the company JYANN cannot be responsible for this situation in any capacity. whether it be.
The computerized registers, kept in the computer systems of jYANN company and its partners under reasonable security conditions, will be considered as proof of communications, orders, and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Moroccan law.
It is up to the Customer to save and print his payment certificate if he wishes to keep the bank details relating to his transaction.
This procedure is based on information encryption technology, a true benchmark for secure payment; when paying the Customer, the latter saves his credit card numbers and expiry date which are immediately encrypted in his computer before being sent on the Internet. Thus, no confidential information circulates on the network without having been previously encrypted.
Article 15 – Governing Law and Dispute Resolution
All sales concluded by jYANN company are subject to Moroccan law.
The Courts within the jurisdiction of the registered office of jYANN company are competent for any dispute relating to the execution or interpretation of these General Terms and Conditions of Sale.