ARTICLE 1 – Scope of application

These General Terms and Conditions of Sale (“GTCS”) apply, without restriction or reservation, to all sales concluded by the Seller with professional or non-professional purchasers (“the Customer”) wishing to acquire the products offered for sale (“the Products”) by the Seller on the www.europelles.com or europelles.ma website. The Products offered for sale on the site are as follows:

Construction machinery and accessories:

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the www.europelles.com website, which the customer is required to read before ordering. The choice and purchase of a Product are the sole responsibility of the Customer.

These terms and conditions are available at any time on the www.europelles.com website and shall prevail over any other document.

The Seller’s contact details are as follows:

EUROPELLES SARL

Share capital of 50,000 dirhams

Registered with the Casablanca RC under number 655261.

Registered office: Place Charles Nicole Res Pasteur ETG 7 N°2 20360- Casablanca

Email: contact@europelles.com

Telephone: +212 660 090 440

The Products presented on the www.europelles.com website are offered for sale in the following territories: Magreb.

Customs duties or other local taxes or import duties or state taxes may be payable. They are the sole responsibility of the customer.

ARTICLE 2 – Prices

Products are supplied at the current prices shown on the www.europelles.com website, at the time the order is registered by the Vendor.

Prices are given in Euros, excluding VAT and including VAT.

Conversion into dirhams will be made at the exchange rate at the time of the transaction.

Prices take into account any discounts granted by the Seller on the www.jacketfils.com website.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside their period of validity.

Prices do not include processing, shipping and delivery costs.

The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.

An invoice is drawn up by the Vendor and sent to the Customer upon payment of the balance of the invoice for the Products ordered.

ARTICLE 3 – Orders

It is the Customer’s responsibility to select the Products they wish to order on the www.europelles.com or europelles.ma website.

The customer selects the product(s) to be included in the quotation request, which can be deleted or modified before confirming the order and accepting the present terms of sale.

Europelles will draw up a quotation corresponding to the customer’s choice and will contact the customer to finalize the order.
To validate the order, the customer must pay the deposit or the total amount of the order. Once Europelles has received payment, the order will be validated. The balance of the payment, if any, must be paid as soon as Jack&Fils informs the customer that the order has been received by Europelles or one of its partners.
The customer will then be contacted to arrange a delivery date.

Product offers are valid as long as they are visible on the site.

The sale will not be considered valid until full payment has been received. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.

ARTICLE 4 – Terms of payment

The price is paid as follows:

Payment by cheque

Or payment by bank transfer to the Vendor’s bank account (details of which are given to the Customer when the order is placed).

The price is payable according to the conditions and schedule accepted by the customer.
No delivery will be made until the full amount of the order has been paid.

In the event of late payment and payment of sums due by the Customer after the above-mentioned deadlines, and after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the legal rate applicable to the amount of the purchase price shown on the said invoice, inclusive of tax, will be automatically due and payable to the Vendor, without any formality or prior notice.

Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Vendor may be entitled to take against the Customer in this respect.

The Vendor reserves the right, in the event of non-compliance with the terms of payment set out above, and after having sent an electronic payment reminder to the customer which remains unanswered for a period of 30 days, to suspend or cancel the delivery of current orders placed by the Customer.

In this case, the customer will be liable to pay Europelles a fixed indemnity of 30% of the total amount of the order.

This sum will be deducted from the deposit paid to validate the order and Jack&Fils will reimburse the customer only the amount remaining after deduction of the 30% fixed compensation.

If payment is made by cheque, it must be issued by a bank domiciled in Morocco.

Cheques are cashed on receipt, unless expressly agreed otherwise between the parties.

Payments made by the Customer will not be considered final until the Vendor has actually received the sums due.

The Vendor shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.

ARTICLE 5 – Deliveries

The Products ordered by the Customer can be delivered.

Deliveries are made within approximately 120 days from the date of validation of the order to the address indicated by the Customer when placing the order on the site. Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once. The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above.

If the Products ordered have not been delivered within 40 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

Deliveries are made by the seller or by an independent carrier, to the address given by the Customer at the time of ordering and to which the carrier has easy access.

When the Customer has chosen a carrier, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Vendor to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods transported.

In the event of a special request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.

The customer must check the condition of the products delivered. He has a period of 10 days from delivery to make any claims by registered letter to Europelles, together with all supporting documents (notably photos). Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.

The Vendor will reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proven the lack of conformity or the apparent or hidden defects, in accordance with the conditions set forth in the French Consumer Code and in these GCS.

The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk, except when the Customer has chosen the carrier. In this case, the risks are transferred at the time the goods are handed over to the carrier.

ARTICLE 6 – Transfer of ownership

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 – Right of withdrawal

The right of withdrawal may be exercised by an unambiguous declaration expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal address or e-mail address indicated in ARTICLE 1 of the GCS.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice. Damaged, soiled or incomplete products will not be accepted.

The customer is responsible for return shipping costs.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 – Seller’s liability – Warranties

Products supplied by the Vendor benefit from: the legal guarantee of conformity, for defective, damaged or damaged Products or Products that do not correspond to the order,

the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

The seller will provide a 1-year warranty on all defective parts of the machine sold (excluding accessories) after use under normal conditions, and will cover the cost of repair labor and any transportation costs to and from the machine’s location to the europelles workshop. The warranty is reduced to 6 months for machine rental professionals.

Consumer Code

“The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”

Consumer Code

“The property conforms to the contract:

1° Whether it is fit for the use ordinarily expected of similar goods and, if so :

– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

– it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.”

Consumer Code

“Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.

Civil Code.

“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Civil Code

“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

Consumer Code.

“When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer’s request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.

In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

The Seller will reimburse, replace or repair Products or parts under warranty that are found to be non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts. Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 60 days of the Seller’s finding of the non-conformity or hidden defect. Refunds may be made by bank transfer or cheque.

The Vendor cannot be held liable in the following cases:

non-compliance with the legislation of the country to which the products are delivered, which it is the Customer’s responsibility to check,

in the event of misuse, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.

The Vendor’s warranty is, in any event, limited to the supply of defective parts to replace or reimburse Products that do not conform or are affected by a defect.

ARTICLE 9 – Personal data

The Customer is informed that the collection of his personal data is necessary for the sale of Products by the Vendor and for their transmission to third parties for the purpose of delivering Products. This personal data is collected solely for the purpose of executing the sales contract.

9.1 Collection of personal data

Full name, postal address, telephone number and e-mail address.

Payment

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficient sale and delivery of the Products.

The category(ies) of co-contractor(s) is (are) :

Transport service providers

Payment service providers

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing

Unless the customer expressly agrees, personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.

9.7 Implementation of customer and user rights

Pursuant to the regulations applicable to personal data, customers and users of the www.jacketfils.com website have the following rights:

They can update or delete their data as follows:

Send us an e-mail to: contact@europelles.com.

Finally, they may object to the processing of their data by the Vendor.

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The data controller must respond within a maximum of one month. Any refusal to grant the Customer’s request must be justified.

Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box by which he/she agrees to receive informative and advertising e-mails from the Vendor. Customers may withdraw their consent at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.

ARTICLE 10 – Intellectual property

The content of the www.jacketfils.com website is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 – Applicable law – Language

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.

These terms and conditions are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 – Disputes

For any complaint, please contact customer service at the Seller’s postal or e-mail address indicated in ARTICLE 1 of these GCS.

All disputes arising out of or in connection with the purchase or sale of goods pursuant to these GTCS, which are not settled amicably by the seller or by mediation, shall be submitted to the competent courts under the conditions of common law.