Terms of sale

PREAMBLE

Kenlika, Plc (hereinafter referred to as Kenlika, a private limited company with a single associate, matriculated on the Casablanca Trade Register under n° 375157, and having an ICE n° 001879652000087, and taxation identification n° 207699190, creates, designs, and markets jewellery articles and accessories (a non-exhaustive list) which are hand-made and carved, upon order.

In a bid to better respond to the expectations of its clients, the Company has set up a distant internet-based sales’ system covering a selection of articles bearing the brand-name Teika.

ARTICLE 1. PURPOSE

The present general terms are applicable to all sales of items bearing the Company brand-name(s), as remotely concluded mainly by way of Internet Site http://teikajewelry.com, or any other direct link (hereinafter referred to as the “Site”):

– Through the placement of an order by clients-who may be persons or corporate entities, acting in the capacity of consumer- who acquire or use for the purpose of satisfying their non- Professional needs, products, goods, or services which are intended for their personal or family use (in the sense given by the law and jurisprudence).

– For the purpose of delivering to the same clients, who may be natural persons or corporate entities, on their own account or for a third person of their choice, who likewise have the capacity of consumers.

Any distant sale(s) of item(s) bearing the brand of the Company is subject to the present general sales terms, which the Client accepts. These terms may be subjected to modifications and updates. The terms applicable to the order of an item by the Client are those that are in force on the day and the hour when the order is made and paid for.

The present general sales’ terms apply more particularly to cases of distant sales. They may not replace, amend, or modify, in any way whatsoever, the legal provisions governing the conditions of the site use.

An order implies an irrevocable adherence to the general sales terms. The Client declares that they have the capacity to conclude the present contract, that is to say, that they have the legal majority and that they are not under any guardianship or curatorship.

The unreserved acceptation of these general sales terms will consist, in fact, for the Client to tick the box, which reads: “I hereby accept the general sales terms.” The fact of ticking this box will be considered as having the same value as a manuscript signature appended by the Client.

ARTICLE 2. PRODUCTS

The products which are proposed for sale and governed by the present general sales terms are those that appear on the Site on the day when the Client consults the Site.

They are proposed within the limit of the stocks available. They are handmade jewels (hereinafter referred to as the Products)

The Site does not sell second-hand, defective, or products having a lower quality than the standards offered on the market.

We draw the Client’s attention to the fact that the photos illustrating our products may prove to be slightly different from the reality, owing to the way the Client’s screen is tuned or to lighting during the photo shoot.

Besides, given that the products are artisanal, the items may show some irregularity at the level of the finish, differences in the shape and/or shades inherent to this type of manufacture, and as such may not be considered as major defects. The liability of the Company should not be put into question and validity of the order many not be affected.

The photographs, colours, and descriptions of the products proposed for sale are as faithful as possible, but they do not engage Kenlika in any way.

ARTICLE 3. PRICES

The prices shown on the product sheets on the Site’s catalogue are in Euros. Kenlika reserves the right to modify these prices at any time, depending notably on the legislation in force. However, it is understood that the price shown on the catalogue on the day the order is made shall be the only one applicable to the Client.

The prices indicated do not comprise delivery expenses, customs’ duties, or other expenses (if the need should arise) and any other formalities, which remain chargeable to the Client. They may, depending on the case, be billed as a supplement to the prices of the products purchased.

Customs’ duties and others, as well as all the other formalities are consequently assumed by the Client who shall shoulder all importation duties and any other charges applicable in the country of delivery, as they relate to the products ordered, without Kenlika being concerned in this respect.

ARTICLE 4. ORDERS

Prior to any order, the Client must provide some information which is indispensable to the delivery of the order, namely: the delivery address; email address; and phone number. The creation of an account on the Site is free of charge and advantageous to the Clients, for they will be able to follow-up their orders and its progress on the Site, as well as other utilities.

The creation of the account is directly accessible from the rubric “My Account on the Site.”On the occasion of every visit, the Client, if they wish to make an order or to consult their account (state of the order; order history; wish-list, profile ….), should identify themselves by means of their identification details (email + password).

The Client commits to the fact that the entirety of information communicated to the Company, in the framework of the order, should be complete, accurate, and up to date. Failing that, the Company reserves the right to merely and simply cancel the order as well as the payment (in case of an incomplete address, and incomplete name, etc…).

It should be recalled that during the order, the Company collects the following personal data: identity, identifying information (namely, email address or the client’s email), the password of the account that the Client has on the site, the phone number, the habitual residential address of the Client, the delivery address, and the means of payment. The data is necessary for the processing of the order and may be communicated to the Company’s contractual partners, notably in the framework of the performance of the contract.

More particularly, the Client is informed that this same personal data are also collected by our bank, the bank in charge of collecting the payment of orders and the prevention of fraud likely to involve use banking card. The occurrence of non-payment, on account of some fraudulent use of a banking card, will lead to the inscription of the personal data used in relation to the order associated with the unpaid amount on a file named, “Payment Incidents,” which is opened by our bank. In the same framework, the provision by the Client of irregular information, as well as any anomaly observed in their order may be subjected to specific treatment by our bank.

In compliance with Law n° 09-08, bearing on the protection of natural persons during the processing of personal data, the Client enjoys the right of access to, rectification, opposition, and suppression of any personal data concerning them.

To exercise this right, in conformity to Article 8 of Law n° 09-08, it is sufficient to address an email to the following address: [email protected] or to send mail showing the Client’s identity to the following address:

KENLIKA SARLAU, 11 RUE EL WAHDA-RES IMAM ALI APT N2-CASABLANCA

The processing has been notified and authorized by CNDP, by virtue of a receipt of authorization no. D-187/2019 08/03/2019

Orders are accepted within the limits of the available stock and production capacity. To this end, the Client is informed of the expected delivery date at the moment of order placement.

If, in spite of the vigilance of the Company, the items ordered should no longer be available, the Company will inform the Client by any means (phone call or email), as soon as possible, and will reimburse them the price paid by way of credit made from the Client’s banking account. The reimbursement will be made within maximum time-limits of 15 days, in conformity with Article 40 of Law 31-08.

The delivery time is shown by way of information only. And though the Company commits to expending its best efforts in order that the time-limits may be respected, it may not be contractually held responsible should the time limits be exceeded. In other words, if the time-limits are reasonably exceeded (within the limits of thirty days from the delivery date given at the time the order is placed), the delivery time-limits shown would not constitute grounds for the cancellation or voidance of the sale concluded between the Client and the Company.

An order made up of several items is delivered to the Client when the totality of items is in stock with the Company.

In conformity with the Provisions of Article 57 of Law 31-08, spelling out the measures designed to protect the consumer, the Company will be entitled to refuse any order exceeding the number of items that are authorized: 10 items, within the limits of 3 identical items ordered as a max. This type of control will take place subsequently.

The Company will likewise be entitled to refuse any order:

(i)-Made by a Client with whom there is litigation related to the payment of a previous order; or

(ii)-Non conformant with the present general sales’ terms. If the Company notices that the order does not meet the present general sales terms (for example’, in case of an erroneous delivery address; excess of the order threshold and so forth), it will inform the Client by phone or by email, within a maximum of 6 days. Failure of the Client to undertake with the Company to correct the elements that are erroneous or contrary to the present general sales’ terms shown on the order, the Company reserves the right to simply cancel the order and the payment.

ARTICLE 5. TERMS OF PAYMENT

Kenlika proposes to its Clients to order and pay for the products, as follows:

5.1- Payment made by Credit Card (via the CMI system):

The Client selects the products that they wish to order and puts them in the “Cart,” modifies them, if need be (by altering the quantities and references), checks the delivery address or enters a new one. The delivery cost is borne by the Client. Then the Client ticks the following mode of payment: “Online Payment secured by CMI”.

The next step invites the Client to check all the information entered, gain cognizance of them, and accept the present sales terms, and then bids them to validate their order by clicking on the key “Place an Order.”

Finally, the Client is re-directed to the secured CMI interface in order to enter their banking information, in all security. If the payment is accepted, the order is registered and the contract is drawn definitively. It should be noted that payment by credit card is irrevocable. To block fraudulent use of credit cards, the orders are processed within the (3) to (5) working days, starting from the purchase date.

The confirmation of an order entails acceptance of the present sales terms, acknowledgement of the fact that full knowledge of them, and renunciation to avail themselves of their own purchasing terms. All the data supplied and the confirmation which is recorded will constitute proof of the transaction. Kenlika will communicate to the Client confirmation that their order has been registered by email.

During the payment process, the bank will request personal information from the internet user in order to check the identity of the bearer of the card and to validate the transaction. The Client will have to transmit the number of their credit card, depending on the type of the latter, its expiry date, as well as the cryptogram number (a 3 digit number which appears on the back side of the credit card).

During the validation of their purchase order, the Client shall guarantee to Kenlika, that they are in a regular situation vis-à-vis the issuer of the payment card.

The following payment cards are accepted: Visa, MasterCard, JCB, Diners Club, Union pay.

5.2- Payment secured by PAYPAL:

In case the payment is made by PAYPAL, the Client expressly recognizes having gained cognizance and accepted the general terms of PAYPAL, which is solely responsible for the processing of the personal data related to the means of payment entered by the Client.

* If the Client wishes to contact Kenlika, they may do so by e-mail at the following address: [email protected]

5.3- Mode of Payment

To settle the order, the Client is free to choose the means of payment proposed by Kenlika above. In this case, the transaction is submitted for debit from the Client’s account and is taken care of the day which follows confirmation of the delivery.

Multi-channel payments are secured by the CMI Centre Monétique Interbancaire (Interbank Electronic Banking Centre), which offers a fully secured payment service. The same principle applies to payments made via PAYPAL.

The Client guarantees to Kenlika that they have the authorizations necessary to make use of the modes of payments chosen by them at the time of the validation of the purchase order.

In case the payment is made by credit card, the provisions relative to the fraudulent use of means of payments that are in force in Morocco shall Apply.

It should be noted here that depending on countries, the banks that issue payment may apply fees that are specific to their regulations or their own tariff terms. And these fees are added to the price.

The information pertaining to your order is processed automatically by CMI and your banking organism. This automatic data processing aims to define the level of analysis that should be given to a transaction and also to fight fraud carried through banking cards.

CMI, as well as the bank that has issued your banking card are the only recipient of the banking data in relation to your order. Non-transmission of data in relation with your order prevents the analysis of your transaction.

The occurrence of non-payment, on account of some fraudulent use of a banking card, will lead to the inscription of the personal data used in relation to the order associated with the unpaid amount on a file named, “Payment Incidents,” which is operated by Bank Al-Maghrib (or, the Central Bank of Morocco). In the same framework, the provision by the Client of irregular information, as well as any anomaly observed in their order may be subjected to specific treatment.

ARTICLE 6. DELIVERY

Deliveries are made to the addresses indicated on the purchase order. And the place may not be in geographical areas other than where this type of sales can be made by the Kingdom of Morocco, and consequently, are not affected by any national or international prohibition, on account of the existence of some agreements to which Morocco is a party.

The orders are handled by DHL, a parcel delivery service with follow-up. The delivery time is usually between three (3) and eight (8) working days and this time is given by way of information only. But, if delivery time should exceed thirty (30) days starting from the order, the sales contract may be cancelled, and the buyer reimbursed. Kenilka may provide the buyer with a number which would allow them to follow up their parcels, by email.

Delivery is made to the seller’s domicile by a DHL agent. In case of the absence of the buyer, they will receive a notice from DHL informing them of the passage of the agent by phone and/or by email. The risks related to transportation are borne by the Client, starting from the moment when the articles leave Kenlika’s premises. The Client is required to check the state of the packaging and its contents at the delivery—all deliveries are made in a box sealed with a DHL adhesive tape. In case of any damage sustained during transportation, a claim must be made to the DHL within a three-day time-limit, starting from the delivery.

Any delay related to the customs’ clearance of the exported merchandise may not engage the liability of the Company.

5.1. EXPEDITION OF SPECIAL ORDERS

The Orders which are called “Special” include the personalization of the jewel and the realization of a tailor-made jewel. Any Client wishing to make a special order is invited to contact Kenlika at the following address: [email protected] in order to know about the feasibility of their request, to receive an estimate, and to be informed about the expedition lead-times.

In conformity with the legal provisions in force in Morocco, the products made and dispatched in the framework of such special orders may not be either exchanged or refunded.

5.2. DELIVRY TIME OF SPECIAL ORDERS

Delivery time of special orders will depend on the lead-time necessary to the realization of the said order. Consequently, information relating to this will be conveyed to the Client directly by e-mail.

ARTICLE 7. WITHDRAWAL

No retraction or cancellation is possible after the order has been validated because the items to be delivered are handmade to order.

Nevertheless, the Client reserves the possibility of having the colour of the embroidery on the ordered jewel changed, provided a request is made within 24 hours after the confirmation of the order.

The change request should relate to a colour that is available on the site and limited to the same product sold for the same price.

It should also be noted that the change request should be made by email within the 24 hours that follow the confirmation of the order. And the client may only make this change once.

ARTICLE 8. GUARANTIES

All the products benefit from the legal conformity guarantee, as provided for by the legislation in force in Morocco.

ARTICLE 9. COOKIES

Cookies are small text files, image or software, which are placed and stored on your computer, smart phone, or any other device allowing you to surf on the internet, when you visit a website.

Cookies improve your browsing comfort on our site, and they are actually indispensable to access certain secured spaces.

The user of this site is informed that, during the visit they pay to the site, a cookie may automatically settle on their browsing software and be temporarily stored in the memory of their hard disk.

Kenlika uses the information for the purpose of optimizing the security of the present site and to provide an optimal service.

Accordingly, cookies are used to:

– Manage personal parameters when the user is connected to a secured site;
– Register information on the user’s browsing at http://teikajewelry.com in order to orient browsing towards better adapted contents;
– Temporarily stock the information entered into our simulators, interactive animations, and so forth;
– Measure the number of visits paid to the site, and thus evaluate the effectiveness of our in-house promotion site

On no account are cookies intended to exploit nominative personal information pertaining to the persons connected to the site http://teikajewelry.com.

By continuing your navigation on our site, you accept that cookies be on your terminal.

In conformity to the regulations in force, you have the right to oppose access to data concerning yourself.

Depending on your browser, you have the following options: accepting or rejecting cookies of any given origin or source.

To express or reconsider your choices, report to the help menu or to the rubric concerned on your browser.

ARTICLE 10. A CLAUSE RELATIVE TO THE PROTECTION OF PERSONAL DATA

The information collected on the site http://teikajewelry.com is processed for the purpose of closing sales via the website.

The data recipient is the Company KENLIKA SARLAU (a private limited company with a single associate)

In compliance with Law n° 09-08 enacted by the Dahir (or, Decree) 1-09-15 dated February 18, 2009, bearing on the protection of natural persons during the processing of their personal data, you enjoy the right of accessing and rectifying information about yourself. You may exercise this right by addressing your mail to the following: mailing address to be specified.

Likewise, you may on the basis of legitimate grounds object to the processing of data pertaining to you

Such processing has been notified to and authorized by CNDP under the receipt / authorisation D-187/2019 datée 08/03/2109

ARTICLE 11. INTELLECTUAL PROPERTY

The Site is the property of Kenlika. It is protected by national and international laws and treaties in the area of copyright, as well as by other national and international laws and treaties in the area of intellectual property.

All the rights related to the Site and to the concept of the entire Kenlika business, to their original and innovative character, notably intellectual property rights on texts, literary, artistic, graphic (photographs, included), visual creations. The rights also apply to computer developments, HTLM developments, and other intellectual works, and more generally, any creations which can be protected by intellectual property rights, such as images, logos, shaping, graphic charts, structure, ergonomics, colour codes, typography, lettering styles, basic graphic elements, graphic organization of screens, layout, page backgrounds, and the visual identity of the Site –all of which belong to Kenlika, or are regularly exploited by the latter without any limitations.

The Client commits not to directly or indirectly breach Kenlika, the Site, or the rights of Kenlika.

ARTICLE 12. RESPONSIBILITY

In the process of online/distant selling through the Site, Kenlika is not bound save by the obligation of means. Its liability may not be invoked for any damage arising from internet, such as the loss of data, intrusion, virus, service breakdown, or any other unintended problems.

ARTICLE 13. MISCELLANEOUS

If any one of the clauses in the present sales terms should prove void or inapplicable, by virtue of a law, a regulation, a settlement, or an enforceable decision issued by a competent jurisdiction, the Client and Kenlika expressly agree that the present contract will not be affected by the nullity of the clause in question.

The fact that either party should not require the other party, at a given moment, to strictly implement a given condition or provisions pertaining to the present sales terms should not be considered as constituting any definitive waiver of the said provision or condition.

ARTICLE 14. APPLICABLE LAW AND LITIGATION

The present distant selling conditions, via the Site, are subjected to Moroccan Laws. For any litigation or dispute, the competent court shall be the Casablanca-based one.