General conditions of sale
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 hawkobs.space (hereinafter the “SITE”) from High Atlas Window to the Kosmos SARL registered with the Trade and Companies Register of Rabat under number 172635, having its registered office at ABJ Consulting app n°1, al ahd group, 1er floor, No. 223, Hay nahda1, Rabat-Morocco, Email: contact@hawkobs.space (hereinafter the “SELLER”).
IMPORTANT : Any order placed on the SITE necessarily implies the unreserved acceptance by the CUSTOMER of these general conditions of sale.
Article 1 – DEFINITION
The terms used below have the following meanings in these General Conditions:
"CUSTOMER" means the SELLER's co-contractor, who guarantees that he or she has the status of consumer as defined by Moroccan law. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
“PRODUCTS” means all products available on the SITE.
“TERRITORY” means MOROCCO.
Article 2 – PURPOSE
These General Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at 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 proceeding to payment for an order for PRODUCTS placed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE 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 said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4 – OPENING AN ACCOUNT – PURCHASE OF PRODUCTS on the site
To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, be able to provide proof of the agreement of their legal representatives.
The CUSTOMER will be asked to provide information that can identify them by completing the form available on the SITE. The symbol (*) indicates mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER.
The information that 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, their identity, eligibility, and the information provided.
Article 5 – ORDERS
Article 5.1 – Product characteristics
The SELLER strives to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that 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 SITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular depending on constraints linked to its suppliers.
Article 5.2 – Order procedure
PRODUCT orders are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's home page, the steps may differ slightly).
5.2.1 – Selection of PRODUCTS and purchasing options
The CUSTOMER must select the PRODUCT(S) of their choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's shopping cart. The latter can then add as many PRODUCTS as they wish to their cart.
5.2.2 – Commands
Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on the cart and check that the contents of their order are correct. If the CUSTOMER has not yet done so, they will then be asked to identify themselves or register.
Once the CUSTOMER has validated the contents of the basket and has identified himself/herself/registered, an automatically completed online form will be displayed to him/her, summarizing the price, applicable taxes and, where applicable.
The CUSTOMER is invited to check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the payment method and the price) before validating its contents.
The CUSTOMER can then proceed to payment for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected.
Orders placed must include all information necessary for the proper processing of the order.
5.2.3 – Acknowledgment of receipt
Once all the steps described above have been completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the order acknowledgment is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct.
The SELLER does not send any order confirmation by post or fax.
5.2.4 – Billing
During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the (*) sign will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must then specify the chosen payment method.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitute an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the invoice for the corresponding product by email or in their personal space.
5.3 – Date of the order
The order date is the date on which the SELLER acknowledges receipt of the order online.
5.4 – Prices
For all PRODUCTS, the CUSTOMER will find prices displayed in euros on the SITE.
Prices include, in particular, value added tax (VAT) at the rate in effect on the order date when applicable. Any change in the applicable rate may impact the price of the PRODUCTS from the date the new rate comes into effect.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. Prices from the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except in the event of a serious error. The applicable price is the one indicated on the SITE on the date the order is placed by the CUSTOMER.
5.5 – Availability of PRODUCTS
The SELLER undertakes to honor orders received subject to the PRODUCTS being available.
The unavailability of a PRODUCT is generally indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed by the SELLER of the restocking of a PRODUCT.
In any event, if unavailability was not indicated at the time of ordering, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
The SELLER may, at the request of the CUSTOMER, 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 the unavailable PRODUCTS, without delay and at the latest within thirty (30) days of payment.
Article 6 – RIGHT OF WITHDRAWAL
The terms of the right of withdrawal are provided for in the “withdrawal policy”, a policy available in Appendix 1 of these terms and conditions and accessible at the bottom of each page of the SITE via a hyperlink.
Article 7 – PAYMENT
7.1 – Payment methods
The CUSTOMER can pay for their PRODUCTS online on the SITE using the methods offered by the SELLER.
The CUSTOMER guarantees to the SELLER that he holds all the authorizations required to use the chosen payment method.
The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.
It is hereby specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2 – Payment date
In the event of a single payment by credit card, the CUSTOMER's account will be debited as soon as the PRODUCTS order is placed on the SITE.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
7.3 – Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.
In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.
Article 8 – PROOF AND ARCHIVING
Any contract concluded with the CUSTOMER will be archived by the SELLER for a period of ten (10) years.
The SELLER agrees to archive this information in order to ensure monitoring of transactions and to 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 its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9 – DELIVERY
The services offered on our site are entirely digital and do not require physical delivery.
Article 10 – CONFIRMITY GUARANTEES
The SELLER is required to deliver a compliant PRODUCT, i.e. suitable for the expected use of a similar good and corresponding to the description given on the SITE. This conformity also assumes that the PRODUCT has the qualities that a buyer can legitimately expect in view of the public statements made by the SELLER, including in advertisements and on labels.
Article 11 – LIABILITY
The SELLER shall not be held liable under any circumstances in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering their order.
The SELLER shall not be held liable, or considered to have failed to comply with these terms and conditions, 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 law.
It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third-party websites are provided for informational purposes only and no guarantee is provided regarding their content.
Article 12 – PERSONAL DATA
The SELLER collects personal data about its Customers on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has chosen this option, send them commercial prospecting mailings, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER's data is kept confidential by the SELLER, for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that the latter have given their prior consent when registering on the SITE.
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 SITE or by contacting the SELLER.
The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with the law relating to data processing, files and freedoms, the CLIENT has the right to access, rectify, oppose (for legitimate reasons) and delete their personal data. They can exercise this right by sending an email to the following address: contact@hawkobs.space either by sending a letter to: ABJ Consulting app n°1, al ahd group, 1er floor, No. 223, Hay nahda1, Rabat, Morocco.
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 13 – COMPLAINTS
Any complaint from the CLIENT must be sent by email to the following address: contact@hawkobs.space
Article 14- INTELLECTUAL PROPERTY
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and/or patents.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hyperlink to the SITE must request the SELLER's authorization in writing.
This authorization from the SELLER will not be granted definitively under any circumstances. This link must be removed at the SELLER's request. Hypertext links to the SITE that use techniques such as framing or in-line linking are strictly prohibited.
Article 15 – VALIDITY OF THE GENERAL CONDITIONS
Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a change or decision shall in no way authorize CUSTOMERS to disregard these General Conditions.
Any conditions not expressly addressed herein shall be governed in accordance with the custom of the retail sector, for companies whose head office is located in Morocco.
Article 16 – MODIFICATION OF THE GENERAL CONDITIONS
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are dated precisely 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 Terms and Conditions will not apply to PRODUCTS already purchased.
Article 17 – 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 have jurisdiction.
However, prior to any recourse to an arbitral or state court, negotiation in a spirit of loyalty and good faith will be preferred with a view to reaching an amicable agreement in the event of any dispute relating to this contract, 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, after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute will be submitted to the competent jurisdiction designated below.
Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other and for the dispute that is the subject of the negotiation. As an exception, the parties are authorized to refer the matter to the summary court or to request the issuance of an order upon request. Any action before the summary court or the implementation of a procedure upon request shall not entail any waiver by the parties of the amicable settlement clause, unless expressly requested otherwise.