General Terms and Conditions for Online Shop maison-du-maroc.com valid within Switzerland

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1. Applicability and Scope These General Terms and Conditions (hereinafter referred to as "AGB") apply to all business relationships between Morocco World GmbH (hereinafter referred to as "Morocco World GmbH", "us", or "we") and the customer (hereinafter referred to as "Customer", "Buyer", or "You") for physical products (hereinafter referred to as "Products" or "Goods") purchased through our website www.maison-du-maroc.com(hereinafter referred to as "Online Shop" or "Website"). The website and online shop are operated by: Morocco World GmbH, Winkel 20a, CH-8415 Berg am Irchel UID No. CHE-457.036.368 Phone: +41 (0)79 488 77 18 / Email: info@maison-du-maroc.com Any individual agreements entered into with the customer take precedence over these AGB. Terms and conditions of the customer that conflict with these will not be recognized. Morocco World GmbH reserves the right to change these AGB at any time. Any changes will become effective when the new AGB are published on the website. The relevant time for the applicability of the valid AGB is the date of the binding order when purchasing a product. Please read these AGB carefully before submitting a binding order. By placing a binding order for our products, you agree to the following terms and conditions and our privacy policy, and confirm that you are authorized to enter into legally binding contracts and are at least 18 years old.

2. Conclusion of a Purchase Contract The presentation of products in the online shop is not a legally binding offer, but merely an informal online catalog or an informal invitation to the customer to place an order in the online shop. Morocco World GmbH expressly reserves the right to change the products as well as the contents, such as images, assortment, prices, and descriptions of our products, at any time without prior notice. Illustrations, pictures, brochures, advertisements, and other information related to our products serve only as informational purposes and are not binding on Morocco World GmbH. The customer can place a binding order for the products selected through our online shop maison-du-maroc.com. The customer can add the products they select to the "Shopping Cart." This does not yet constitute a binding order. An order is considered binding when the customer clicks the "place order" button at the end of the checkout process. Before submitting the order, the customer can change and view the details, identify any input errors, and correct them before finalizing the order. An order confirmation will be sent to the customer immediately and automatically by email. This confirmation email contains the details of your order and the AGB accepted by you during the order process. The confirmation email is only to inform you that we have received your order. No purchase contract is concluded by the automatic order confirmation. By submitting the order, you confirm that you have read the AGB and agree to them unconditionally. We recommend printing or saving the AGB for the purpose of the online order and your documentation. After placing a binding order, Morocco World GmbH may at its discretion either accept the order or decline it by sending a notification by email, without any liability to you or third parties. Any payment already made will be refunded to you in the event of cancellation. Reasons for rejecting an order may include the unavailability of a product, the inability to process payment, or if there is reason to believe that the customer is acting in violation of these AGB, individual contracts, or engaging in fraudulent or criminal activities. When the order is accepted, a binding purchase contract is concluded with the customer. This acceptance is made through the shipment of the ordered goods. Any commercial distribution or resale of our products is strictly prohibited.

3. Availability and Performance Reservation for Out-of-Stock Products All information regarding the availability of our products, as well as shipping and delivery, are provisional and approximate estimates. They do not represent binding or guaranteed shipping or delivery dates. We explicitly exclude any liability for unavailable products or delays in shipping or delivery. Our products are available as long as stocks last. If Morocco World GmbH finds that the products you ordered are unavailable when processing your order, we will inform you immediately. In this case, no contract is concluded for the unavailable goods as they cannot be delivered. Furthermore, we reserve the right to limit the number of items that a customer can purchase. In this case, we will notify the customer accordingly by email.

4. Prices and Shipping Costs Our products and prices correspond to those specified on the website. All prices are in CHF (Swiss Francs) and include the applicable VAT. The total price of your order, including any additional costs and shipping fees, and the VAT applicable for Switzerland, will be displayed at the end of the ordering process. Currently, only the Swiss market is served and supplied with our goods. By placing a binding order, you declare that you agree with the total price for the ordered products. After the binding order is placed, the price cannot be adjusted. Morocco World GmbH reserves the right to change prices at any time. Products are billed based on the prices offered at the time of placing the binding order.

5. Payment Terms/Credit Check Orders are generally due for payment immediately. The customer has the option to pay using the payment methods displayed on the website or during the order process. These may change from time to time (and may be country-specific). Additionally, we reserve the right not to offer certain payment methods on a case-by-case basis and to refer to other payment methods we use (for example, to secure our credit risk, we may only offer those according to the respective creditworthiness). Morocco World GmbH is explicitly authorized to perform credit checks at its discretion and, for this purpose, may share customer data with third parties. By choosing the payment method, the customer authorizes the payment either through the input of credit card details or access data for a payment service provider. The customer authorizes us to collect payments in the corresponding way. If chargebacks occur, Morocco World GmbH is entitled to reimbursement for the associated costs and bank processing fees. Additionally, Morocco World GmbH is not responsible for any fees or other amounts charged by your card issuer or bank due to the processing of your payment. If you pay by credit card or an alternative payment method, we reserve the right to verify the validity of the card, check availability for collection, and request authorization from the card issuer or payment provider. If payment is declined, Morocco World GmbH reserves the right to cancel the order and halt the shipment of the products.

6. Delivery Conditions The delivery is generally carried out via the Swiss Post service. The applicable costs must be paid in advance by the buyer. The goods you order from our online shop and that are in stock will be delivered within 5-6 business days after receiving full payment, depending on the destination. You can use the tracking number provided by the Swiss Post to monitor the location of your order. If the products are marked as out of stock when ordered, Morocco World GmbH will make every effort to restock the items as soon as possible. We strive to meet the specified delivery times, but Morocco World GmbH is not responsible for delays, regardless of their causes. We will inform you of any delivery delays. If the delivery is delayed for more than 3 weeks after the original delivery date, the customer is entitled to cancel the order. Further claims, particularly for damages, are excluded. If the delivery of the goods fails due to the customer’s fault despite three delivery attempts, Morocco World GmbH may withdraw from the contract. Any payments made will be refunded immediately.

7. Retention of Title Morocco World GmbH retains ownership of the delivered goods until full payment has been made.

8. Product Features / Complaints / Warranty Morocco World GmbH guarantees that the goods correspond to the agreed-upon features and do not have defects that would impair their value or suitability for the intended use. However, practically all our Moroccan furniture items are handcrafted by artisans and, therefore, may have small cracks, chips, or uneven color gradients (e.g., in or on the clay vessel). Irregularities in the clay or metal structure are not intentional but occur during the manual production process. As a result, almost every product is unique (i.e., two items of the same product may not be exactly the same due to being handmade), and these manufacturing characteristics are not considered defects. We are liable in accordance with the statutory warranty provisions for quality defects and/or legal defects in the products purchased from us. In return, the customer must check the correctness, completeness, and any damages of the products immediately upon receipt. Errors or damages not related to the above-mentioned manufacturing features must be reported to Morocco World GmbH within 5 business days after delivery.

9. Complaints and Complaints We place great importance on customer satisfaction. You can contact us at any time using the contact information provided above. We strive to review your inquiries and complaints as quickly as possible and will contact you after receiving the documents or your inquiry/complaint.

10. Liability Morocco World GmbH is liable for damages caused by willful misconduct or gross negligence on its part under these AGB and contractual relationships. For minor and medium negligence as well as indirect and consequential damages, liability is explicitly excluded.

11. Account Registration By registering a customer account, you can view your completed, open, and recently shipped orders, and manage and store your address details, payment information, and any newsletters. Since your data is stored, you won’t need to re-enter it for future purchases.

12. When registering for such an account, you are responsible for providing accurate and complete personal information required for the registration. You are obliged to treat your login credentials confidentially and not disclose them to unauthorized third parties. Morocco World GmbH ensures to treat your data confidentially and not disclose it to unauthorized third parties. For more information about data protection, please refer to our privacy policy.
    Registration is free. Each customer is only allowed to have one customer account. We reserve the right to delete multiple applications and to warn, block, or delete/change the content of customer accounts that violate these AGB or individual agreements.
    Morocco World GmbH is not obligated to accept the registration or the order of a registered customer.

13. Data Protection Morocco World GmbH collects and processes personal data only within the scope of legal provisions, particularly in compliance with applicable data protection laws. Further information on the processing of your personal data, your rights, and related matters can be found in our privacy policy on the website, which forms an integral part of these AGB.

14. Copyright The information and content published on the website www.maison-du-maroc.com are protected by copyright and are the property of Morocco World GmbH or the respective rights holder. Reproduction, modification, distribution, or any other form of exploitation is not permitted and requires the prior written consent of the respective rights holder. Morocco World GmbH and the corresponding rights holder expressly reserve all related rights.

15. Severability Clause Should any provision of these AGB be or become illegal, invalid, or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the provision and the parties' intention at the time of the contract conclusion. The same applies to any gaps in these AGB.

16. Applicable Law and Jurisdiction These AGB, the contractual relationships based on them, and any disputes shall be governed exclusively by Swiss substantive law, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
    For natural persons, the jurisdiction is the location of Morocco World GmbH or the customer’s residence. For legal entities, the exclusive jurisdiction is the location of Morocco World GmbH.
    These provisions apply only to the extent that there are no mandatory provisions of the law of the country where the consumer has their habitual residence that take precedence over these AGB.

17. Status: October 2023