The general terms and conditions of sale (GTC) of Moubarak Shop® are detailed below :
1 - Conclusion of the contract
Any order for products implies unconditional acceptance of these general terms and conditions of sale, supplemented or amended by our specific conditions, which cancel any contrary clause that may appear in the purchase conditions, order forms, or other commercial documents.
2 - Price
Goods are billed at the rate in effect on the day the order is placed.
The general rate is attached to these conditions.
Prices may be revised subject to prior notice of 30 days.
NOTICES AND COMMUNICATIONS
3 - Delivery
Delivery is made either by direct handover of the product to the purchaser, or by notice of placement to
provision, either by delivery to a shipper or to a carrier at the seller's premises or at any other designated premises.
The verification of the goods by the buyer must be carried out at the time of their collection.
In case of damage or shortage, claims regarding apparent defects or non-conformity of the delivered product, the buyer will issue clear and precise reservations that they will notify in writing to the seller or the carrier within three days following the delivery date. It will be the buyer's responsibility to provide any justification regarding the reality of the observed anomalies.
4 - Delivery times
Delivery times are indicated based on supply availability.
Except in cases of force majeure (war, riot, fire, total or partial strike), in case of delivery delay exceeding 30 days after the indicative delivery date, the buyer will have the option to cancel their order, without being able to claim any compensation.
5 - Returns
Any return of product must be subject to a formal agreement between the seller and the buyer.
6 - Warranty
The seller will take the utmost care in executing the order and in the quality of the products. In case of defects recognized by the seller, the latter's obligation will be limited to the replacement or refund of the defective quantities, without any other compensation. Excluded from the warranty are defects and damages resulting from storage, handling, transport, or use under abnormal or non-compliant conditions with the nature, specifications, or suitability for use of the product.
7 - Payment
Unless otherwise specified, invoices are payable from the date of delivery. In case of late payment, the seller may suspend all ongoing orders. Any amount not paid by the due date on the invoice will automatically incur penalties amounting to one and a half times1 the legal interest. These penalties will be payable upon simple request from the seller.
No discount is accepted for early payment.
8 - Resolutory clause
In case of default of payment, forty-eight hours after a formal notice that has remained unsuccessful, the sale will be automatically terminated by the seller who may request a summary judgment for the return of the products without prejudice to any other damages.
The amounts due for other deliveries will become immediately payable if the seller does not opt for the resolution of the corresponding orders.
9 - Retention of title
The sold goods remain the property of the seller until the full payment of their price.
However, the risks related to the goods will be transferred to the buyer or the carrier upon the physical delivery of the products.
