These general conditions of sale (hereinafter the “General Conditions”) apply to any purchase made by an internet user / natural person (hereinafter the “CUSTOMER”) on the website https://www.ra91official.com (hereinafter the “WEBSITE”) with RA 91, SARL registered in the Casablanca Trade and Companies Register under number 34777520, having its head office at STREET SOUMAYA RESIDENCE SHEHRAZAD FLOOR 4 NUMBER 20 CASABLANCA MOROCCO.
- Phone : +212 6 33 75 33 21
- Email: Contact@ra91official.com
The following general conditions of sale govern all transactions established on the web catalogue of RA91OFFICIAL.COM.
Any order placed on this site assumes the client’s unconditional and irrevocable acceptance of these conditions.
Article 1. Definitions
The terms used below have the following meaning in these General Conditions:
- “CUSTOMER” : designates the counterparty of the SELLER, who guarantees to have the quality of consumer as defined by Moroccan law and jurisprudence.
As such, it is expressly provided that this CUSTOMER acts outside any usual or commercial activity.
- ” DELIVERY ” : designates the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated when ordering.
- “PRODUCTS” : refers to all the products available on the WEBSITE.
- “TERRITORY” : designates the delivery cities indicated on the WEBSITE and their surroundings.
Article 2. Purpose
These General Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
The CUSTOMER is clearly informed and recognizes that the WEBSITE is intended for consumers and that professionals must contact
the SELLER’s sales department in order to benefit from separate contractual conditions.
Article 3. Acceptance of the general conditions
The CUSTOMER undertakes to read these General Conditions carefully and accept them, before paying for an order for PRODUCTS placed on the WEBSITE.
These General Conditions are referenced at the bottom of each page of the WEBSITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to read carefully, download, print the General Conditions and keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions for each new order, the latest version of these Conditions applying to any new order for PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Purchase of products on the site
To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The CUSTOMER will be invited to provide information to identify him by completing the form available on the WEBSITE. The sign (*) indicates mandatory fields which must be filled in for the CUSTOMER’s order to be processed by the SELLER. The CUSTOMER can check the status of his order on the WEBSITE. The tracking of DELIVERIES can, if necessary, be done using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER’s sales department at any time by email, at CONTACT@RA91OFFICIAL.COM, in order to obtain information on the status of his order.
The information the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 5. Orders
Article 5.1 Characteristics of the products
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information the CUSTOMER must receive under applicable law (in these General Conditions).
The CUSTOMER undertakes to read this information carefully before placing an order on the WEBSITE.
Unless expressly stated otherwise on the WEBSITE, all the PRODUCTS sold by the SELLER are new and comply with European legislation in force and the standards applicable in Morocco.
Article 5.2. Order procedure
PRODUCT orders are placed directly on the WEBSITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER start page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT(s) of his choice by clicking on the applicable PRODUCT(s) and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER cart. The latter can then add to his cart as many PRODUCTS as he wishes.
Once the PRODUCTS have been selected and placed in their cart, the CUSTOMER must click on the cart and check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be asked to identify himself or register.
Once the CUSTOMER has validated the contents of the cart and has identified / registered, an online form will be displayed to his attention, automatically completed and summarizing the price, applicable taxes and, where applicable, the costs of delivery.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before confirming its content.
The CUSTOMER can then pay for the PRODUCTS by following the instructions on the WEBSITE and provide all the information necessary for billing and DELIVERY of the PRODUCTS. Regarding the PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CUSTOMER must also select the delivery method chosen.
5.2.3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the WEBSITE in order to acknowledge receipt of the CUSTOMER’s order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address communicated via the registration form is correct. .
The SELLER does not send any order confirmation by post or fax.
5.3 Order date
The order date is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the WEBSITE do not start to run until this date.
For all PRODUCTS, the CUSTOMER will find on the WEBSITE all prices displayed in euros all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or chosen mode of transport).
The prices include in particular the value added tax (VAT) at the rate in force on the date of order. Any modification of the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER’s suppliers are subject to change. Consequently, the prices indicated on the WEBSITE may change. They can also be modified in the event of special offers or sales.
The indicated prices are valid, except gross error. The applicable price is that indicated on the WEBSITE on the date on which the order is placed by the CUSTOMER.
5.5 Availability of PRODUCTS
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS can also be informed of the SELLER’s restocking of a PRODUCT.
In any event, if unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
The SELLER may, at the request of the CUSTOMER:
Either offer to send all the PRODUCTS at the same time as soon as the out of stock PRODUCTS are available again,
Or proceed to a partial shipment of the PRODUCTS available at first, then to the shipment of the rest of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred,
Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for unavailable PRODUCTS at the latest within thirty (30) days of payment.
Article 6. Right of cancellation
The terms of the right of cancellation are provided for in the “cancellation policy”, policy available in Annex 1 hereof and accessible at the bottom of each page of the WEBSITE via a hypertext link.
Article 7. Payment
7.1. Methods of payment
The CUSTOMER can pay for his PRODUCTS online on the WEBSITE using the methods offered by the SELLER.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the context of online payment on the WEBSITE.
To pay for your order, you choose the payment method from those offered by RA91OFFICIAL.COM on the payment page.
In this case, the transaction is debited for debit from your account within one day of the date of delivery confirmation.
Online payment on our site is secured by the CMI online payment platform.
The electronic payment security system implemented by CMI (1st payment operator certified PCI DSS level 1 in Morocco, the highest level of security for credit card transactions) is certified by the Interbank Electronic Bank Center (IEBC), by Moroccan banks as well as by the international organizations VISA / MASTERCARD.
The CMI platform guarantees the confidential handling of your bank and personal data in accordance with the security standards in force, as well as law 09-08 relating to the protection of personal data.
The connection between the merchant site and the CMI platform is secured by the TLS 1.2 protocol, the highest level of encryption security for data exchanged on the Internet.
CMI uses in particular an EV (Extended Value) security certificate which you can identify through the green bar in the URL field of your browser.
In the event that your bank provides this service, CMI uses double 3-D Secure authentication (Verified By Visa or MasterCard SecureCode) in order to make your purchases on the Internet as secure as possible.
The CUSTOMER guarantees the RA91OFFICIAL.COM Company that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the Purchase Order.
In the event of payment by bank card, the provisions relating to the fraudulent use of the method of payment provided for in the agreements concluded between the CUSTOMER and the card issuer between the RA91OFFICIAL.COM Company and its bank apply .
7.2. Payment date
In the event of a single payment by credit card, the CUSTOMER’s account will be debited upon the order of PRODUCTS placed on the WEBSITE.
In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER’s account at the earliest when the first package is dispatched. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, reimbursement will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
7.3. Late or refused payment
If the bank refuses to debit a card or other method of payment, the CUSTOMER must contact the SELLER’s Customer Service in order to pay for the order by any other valid method of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be canceled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract concluded with the CUSTOMER corresponding to an order of an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the consumer code.
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the request of the CUSTOMER.
In the event of a dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until their full payment by the CUSTOMER.
The above provisions do not preclude the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risk of loss or damage to the PRODUCTS subject to the reservation of property, as well as the risks of damage they may cause.
Article 10. Delivery
The methods of DELIVERY of PRODUCTS are provided for in the “delivery policy” referred to in Annex 2 of these and accessible at the bottom of each page of the WEBSITE via a hypertext link.
Article 11. Packaging
The PRODUCTS will be packed in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS agree to comply with the same standards when they return PRODUCTS under the conditions set out in Annex 1 – Cancellation policy.
ARTICLE 12. Guarantees
12.1. Guarantee of conformity
Article L.211-4 of the Consumer Code: “The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility.”
Article L.211-5 of the Consumer Code: To comply with the contract, the product must:
1. Be suitable for the use usually expected of a similar product and, if necessary:
– correspond to the description given by the seller and possess the qualities which the latter presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2. Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.
The SELLER is required to deliver a conforming PRODUCT, that is to say suitable for the expected use of a similar good and corresponding to the description given on the WEBSITE. This conformity also presupposes that the PRODUCT has the qualities that a buyer can legitimately expect in view of the public declarations made by the SELLER, including in advertisements and on labeling.
In this context, the SELLER is liable for non-conformities existing at the time of issue and any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him or has been carried out under his responsibility.
The action resulting from the lack of conformity lapses two (2) years after delivery of the PRODUCT. (Article L.211-12 of the Consumer Code)
In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his choice. However, if the cost of the CUSTOMER’s choice is manifestly disproportionate compared to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the chosen option by the customer.
In the event that a replacement or repair would be impossible, the SELLER agrees to return the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address Residence Oum Rabii 2 Group 7 Hay Hassani Casablanca, Morocco.
Finally, the CUSTOMER is exempted from providing proof of the existence of the lack of conformity of the PRODUCT during the six (6) months following the delivery of the goods.
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, if any, on the PRODUCTS.
12.2. Hidden defects guarantee
The SELLER is bound by the hidden defects guarantee of the PRODUCT sold which make it unfit for the use for which it is intended, or which reduce such use so much that the CUSTOMER has not acquired it, or has given it than a lower price, if he had known them. (Article 1641 of the Civil Code)
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the reimbursement of the price of the PRODUCT if it is returned and the reimbursement of part of its price, if the PRODUCT is not returned.
In the event that a replacement or repair would be impossible, the SELLER agrees to return the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address Residence Oum Rabii 2 Groupe 7 Hay Hassani Casablanca, Morocco. The action resulting from critical flaws must be brought by the CUSTOMER within two (2) years from the discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code)
Article 13. Liability
The SELLER cannot be held liable in any case in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering his order.
The SELLER cannot be held responsible, or considered to have failed in the present, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by Moroccan courts and tribunals case law.
It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the WEBSITE. Consequently, it excludes all responsibility for the information published there. Links to third party websites are provided for informational purposes only and no guarantees are given as to their content.
Article 14. Personal information
The SELLER collects personal data about his Customers on the WEBSITE, including through cookies. CUSTOMERS can deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the WEBSITE, manage the CUSTOMER’s account, analyze orders and, if the CUSTOMER has chosen this option, send him commercial prospecting letters, newsletters, offers promotions and / or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose below each offer received by email.
The data may be communicated, in whole or in part, to the SELLER’s service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that they have given their prior agreement when registering on the WEBSITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the WEBSITE or by contacting the SELLER.
The SELLER can also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
The CUSTOMER has a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He can exercise this right by sending an email to the address: contact@Ra91official.com.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
Article 15. Complaints
The SELLER makes available to the CUSTOMER a “Customer telephone service” at the following number: +212 6 33 75 33 21 (number not surcharged).
Article 16. Intellectual property
All the visual and audio elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark and / or patent law.
These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the WEBSITE must request the SELLER’s authorization in writing.
This authorization of the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER.
Hypertext links to the WEBSITE which use techniques such as framing or framing by hypertext links (in-line linking) are strictly prohibited.
Article 17. Validity of the General Conditions
Any modification of the laws or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision in no way authorizes CUSTOMERS to disregard these General Conditions.
All conditions not expressly dealt with herein will be governed in accordance with the practice of the retail trade sector, for companies whose head office is located in Morocco.
Article 18. Modification of the General Conditions
These General Conditions apply to all purchases made online on the WEBSITE, as long as the WEBSITE is available online.
The General Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the General Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
These General Conditions as well as the relations between the CUSTOMER and the SELLER are governed by Moroccan law.
In the event of a dispute, only the Moroccan courts will be competent.
However, prior to any recourse to the arbitration or state judge, negotiation in a spirit of loyalty and good faith will be favored with a view to reaching an amicable agreement when any conflict relating to this contract occurs, including relating to its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties cannot reach an agreement, the dispute will be submitted to the competent court designated below.
Throughout the negotiation process and until its conclusion, the parties refrain from exercising any legal action against each other and for the conflict subject to negotiation. By exception, the parties are authorized to seize the jurisdiction of the summary proceedings or to request the delivery of an order on request. A possible action before the court of summary proceedings or the implementation of a procedure on request does not involve on the part of the parties any waiver of the clause of amicable arrangement, except express will.
Principle of cancellation
The CUSTOMER has in principle the right to return or surrender the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days of the communication of his decision to cancel, unless the SELLER offers to collect the PRODUCT himself.
The cancellation period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the PRODUCT.
In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the cancellation period will expire fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the transporter and designated by the CUSTOMER, physically takes possession of the last PRODUCT delivered.
Notification of the right of cancellation
To exercise their right of cancellation, the CUSTOMER must notify their decision to cancel this contract by means of an unambiguous declaration to: STREET SOUMAYA RESIDENCE SHEHRAZAD FLOOR 4 NUMBER 20 CASABLANCA MOROCCO or firstname.lastname@example.org.
In order for the cancellation period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of cancellation before the expiration of the cancellation period.
Effects of cancellation
In the event of cancellation by the CUSTOMER, the SELLER agrees to reimburse all of the sums paid, including delivery costs without undue delay and, in any event, no later than fourteen (14) days from from the day the SELLER is informed of the CUSTOMER’s desire to cancel.
The SELLER will reimburse using the same method of payment as that which the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different method, in any event, this reimbursement will not incur any costs to the customer.
The SELLER may defer the reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date chosen being that of the first of these facts.
The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communication of his decision to cancel this contract, return the goods to: STREET SOUMAYA RESIDENCE SHEHRAZAD FLOOR 4 NUMBER 20 CASABLANCA MOROCCO.
This deadline is deemed to be respected if the CUSTOMER returns the goods before the expiration of the period of fourteen days.
The CUSTOMER must bear the direct costs of returning the goods.
Condition of the returned item
The PRODUCT must be returned according to the SELLER’s instructions and include in particular all the accessories delivered.
The CUSTOMER is only liable for the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but its responsibility could be engaged if it proceeds to manipulations other than those which are necessary.
The PRODUCTS offered can only be delivered on the TERRITORY.
It is impossible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are sent to the delivery address(es) the CUSTOMER has indicated during the ordering process after the recipient of the PRODUCTS has confirmed their presence at the delivery address(es) indicated. To ensure the presence of the recipient of the PRODUCTS at the indicated delivery address(es), the SELLER will call the recipient less than one hour before delivery.
Delivery times & costs
During the ordering process, the SELLER indicates to the CUSTOMER the possible delivery times and formulas for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method. The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are detailed on the WEBSITE.
The package will be delivered to the CUSTOMER after he has confirmed his presence at the indicated delivery address(es).
– The CUSTOMER is informed of the delivery date set when he chooses his bouquet before confirming the order.
– The CUSTOMER is also informed that he will be called by the delivery person if the recipient of the PRODUCTS he has ordered does not answer the phone. If the CUSTOMER does not answer the phone, the PRODUCTS will be delivered at a later date chosen by the recipient of the PRODUCTS.
– It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable period and in the event of non-delivery within this period, he may terminate the contract.
– The SELLER will reimburse, without undue delay from the receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, using the same method of payment as was used by the CUSTOMER to purchase products.
– The SELLER is responsible until the delivery of the PRODUCT to the CUSTOMER. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery