ST-TIC WEB SARL is the owner (Publishing Company) of the Web site www.tapis-beni-ouarain.com.
1.1 "Buyer" means the individual or organization who buys or agrees to buy the rugs from www.tapis-beni-ouarain.com.
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of rugs incorporating these Terms and Conditions.
1.4 "Rugs" means the articles that the Buyer agrees to buy from the Seller.
1.5 "Seller" means ST-TIC WEB SARL, located in Marrakesh (Morocco), that owns and operates this Web site www.tapis-beni-ouarain.com.
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of rugs by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the rugs shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 All orders for rugs shall be deemed to be an offer by the Buyer to purchase rugs pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the rugs ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either chose another similar rug or cancel the order and receive a full refund within 30 days.
3.3 When making an order through this Website, the technical steps the Buyer needs to take to complete the order process are described in the Online Shop section of the Website.
4.1 The Price of the rugs shall be that stipulated on the Seller's Website. The Price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the rugs together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the Price and delivery charges must be made in full before dispatch of the rugs.
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any rugs from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any rugs from the Website or for refusing to process an order.
6.1 Where rugs may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the rugs.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain rugs, the Seller shall be entitled to cancel the order immediately, without notice.
The Seller warrants that the rugs will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the rugs, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the rugs for the Buyer's purpose.
8.1 Rugs supplied within France will normally be delivered within 2 working days of acceptance of order.
8.2 Rugs supplied outside of France will normally be delivered within 3 to 5 working days of acceptance of order.
8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.5 Delivery of the rugs shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the rugs whenever they are tendered for delivery.
8.6 Title and risk in the rugs shall pass to the Buyer upon delivery of the rugs.
9.1 The Buyer shall inspect the rugs immediately upon receipt and shall notify the Seller by our contact form within 7 working days of delivery if the rugs are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the rugs.
9.2 Where a claim of defect or damage is made the rugs shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the rugs are in fact defective.
9.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by our contact form within 7 working days of receipt of the rugs.
9.4 Rugs must be returned by the Buyer and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the rugs (including delivery charges, if any, and return postal charges) within 30 days of cancellation. However, if the Buyer fails to return the rugs following cancellation, the Seller shall be entitled to deduct the cost of recovering the rugs from the Buyer.
9.5 Rugs to be returned must clearly show the order number obtained from the Seller on the package.
9.6 Where returned rugs are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the rugs and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
The Seller shall be entitled to alter these Terms and Conditions at any time. But this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
These Terms and Conditions shall be governed by and construed in accordance with the law of Morocco and the parties hereby submit to the exclusive jurisdiction of the Moroccan Marrakesh courts.