General terms of sale and payment

1. Purpose and definitions

They set out the conditions under which SAMARA INVESTE MAROC supplies its products and services (construction materials, industrial machinery trading, road transport, import-export, and training linked to these activities) and under which the customer pays for them.

In these terms, a consumer customer is any natural or legal person who acquires or uses, to meet non-business needs, products, goods or services intended for personal or family use (Article 2 of Law No. 31-08 on consumer protection measures). A business customer is one acting for the needs of its business or trade. Provisions specific to consumers apply only to consumer customers.

2. Seller

• Company name: SAMARA INVESTE MAROC
• Legal form: single-member limited liability company (SARL AU)
• Share capital: 100 000,00 MAD
• Registered office: 16 Boulevard des FAR, Rue Jilali Al Oraibi, 8th floor, No. 18, Casablanca, Morocco
• Casablanca trade register: 676421
• Tax identifier (IF): 66298263
• Common company identifier (ICE): 003731095000076
• Business tax (TP): 35100859
• CNSS: 6176955
• Manager (gérant): Mr Abdelkrim Saasaa
• Phone: +212 6 64 12 68 17
• Email: siminvestkarim@gmail.com

3. Quotes and orders

Every order is based on a written quote stating the product or service, the price, the currency, any delivery costs and lead times, the payment, delivery or performance terms, and the period of validity of the quote and its price. The quote and its price are valid for the period stated on the quote, from its date of issue.

These terms and the refund and cancellation policy, in their dated version, are attached to the quote. The customer expressly accepts them by accepting the quote in writing. The order is formed upon this acceptance. A deposit may be requested; its amount appears on the quote.

The customer agrees that the quote, the invoice, the payment link and information about the order may be sent by email to the address provided.

4. Concluding the contract electronically

The pages of this website present the activities of SAMARA INVESTE MAROC and allow visitors to request a quote or a training course. They are not an offer to contract. The offer is the written quote sent to the customer.

• Steps: 1) the customer describes the need through the contact or training request form, by email or by phone; 2) SAMARA INVESTE MAROC sends a written quote by email, referring to these terms; 3) the customer checks the details and total price of the quote and may ask for corrections, in which case a corrected quote is sent; 4) the customer accepts the quote in writing, by email or by returning the signed quote, which forms the contract; 5) SAMARA INVESTE MAROC acknowledges this acceptance by email without undue delay; 6) the customer pays the invoice, quote or deposit by card on the "Pay an invoice" page or by bank transfer.
• Performance: SAMARA INVESTE MAROC discharges its obligations by delivering the goods or performing the service, and the customer by paying the price.
• Correcting errors: before accepting the quote, the customer may ask for it to be amended by replying to the email. For a card payment, the customer checks the reference, purpose and amount before submitting the form and can still abandon the operation on the secure payment page before confirming the payment.
• Languages: the contract may be concluded in French or in English.
• Archiving: SAMARA INVESTE MAROC keeps the accepted quote, the invoice and the payment record, including the date on which these terms were accepted, for ten years. The customer may obtain a copy on written request to siminvestkarim@gmail.com.

5. Prices and invoicing currency

• Unless the quote states otherwise, prices are set in Moroccan dirhams (MAD). The invoice shows the VAT amount separately, whether charged on top of the price or included in it, or states the exemption where the transaction is exempt.
• For a consumer customer, the price stated on the quote is the total price payable, inclusive of all taxes, including delivery costs and the cost of any service that must be paid in addition (Article 5 of Law No. 31-08).
• Customers resident within the meaning of the foreign exchange regulations, in particular companies incorporated in Morocco other than those located in an industrial acceleration zone or an offshore financial centre, Moroccan establishments of foreign companies treated as residents, and persons tax-resident in Morocco: quotes, invoices and payments are issued and settled in Moroccan dirhams.
• Customers not resident within the meaning of the foreign exchange regulations, in particular foreign legal entities, individuals who are not tax-resident in Morocco and entities located in an industrial acceleration zone or an offshore financial centre in Morocco: quotes and invoices may be denominated in Moroccan dirhams, US dollars or euros. The amount due is the amount stated on the invoice, in the currency it states.
• Export deliveries and services are invoiced exempt from VAT where the conditions of Article 92-I-1° of the Moroccan General Tax Code are met.
• Before the quote is issued, the customer states whether it is resident or non-resident within the meaning of the foreign exchange regulations.
• Accessing the website and exchanging with SAMARA INVESTE MAROC by email or by phone involve no charge from SAMARA INVESTE MAROC. Only the cost of the internet connection or call, charged by the customer's operator, applies.

6. Payment methods

• Bank card: payment is made on the secure payment page of our payment provider, with 3D Secure authentication. The full card number and its security code are entered and processed only by this provider; SAMARA INVESTE MAROC neither receives nor stores them.
• Bank transfer: the customer may pay by bank transfer, quoting the invoice or quote number. From Morocco, the transfer is made in dirhams to the RIB provided by SAMARA INVESTE MAROC. From abroad, the international transfer is made to the IBAN provided, in the invoice currency.

Card payments are made in Moroccan dirhams (MAD). An invoice issued in US dollars or euros is paid by bank transfer, in the invoice currency.

A card payment is deemed made when the gateway confirmation is received. The payer certifies that they hold the card used, or are duly authorised by its holder, and that the funds used have a lawful origin. Card payment limits are set by the banks concerned.

7. Payment terms

• The payment term, and the amount and due date of any deposit, appear on the accepted quote and on the invoice.
• For customers who are traders with a registered office, tax domicile or establishment in Morocco, the payment term is sixty days from the invoice issue date where no term has been agreed, and the agreed term may not exceed one hundred and twenty days, in accordance with the regulations on payment terms. SAMARA INVESTE MAROC issues the invoice no later than the last day of the month in which the goods are delivered or the service is performed.
• For these same customers, subject to the exclusions provided by law, in particular customers whose annual turnover does not exceed two million dirhams excluding tax, failure to meet these terms is subject to the financial penalty payable to the Treasury under the regulations on payment terms.
• Non-resident customers: for goods exported and services provided to a customer established outside Morocco, full payment is due no later than one hundred and fifty days after registration of the customs export declaration for goods, and ninety days after performance of the service for services. These limits derive from the Moroccan foreign exchange regulations in force. The quote may set a shorter term.

8. Invoicing and confirmation

An invoice compliant with Moroccan tax rules is issued for each order. After a card payment, the payment reference is shown on screen; SAMARA INVESTE MAROC includes it on the invoice or receipt it sends to the customer.

9. Delivery and performance

Delivery or performance lead times are those stated in the quote. Any foreseeable delay is notified to the customer in writing. Where an order is delivered or performed in several parts, the quote sets out the schedule and the amount payable at each stage; each partial delivery is invoiced.

For a consumer customer whose contract is concluded at a distance, unless a lead time is agreed in the quote, the order is performed no later than thirty days after SAMARA INVESTE MAROC acknowledges receipt of the consumer's acceptance (Article 39 of Law No. 31-08).

Where the customer is a consumer, the price exceeds 3,000 dirhams and delivery or performance is not immediate, the quote, contract or invoice states in writing the deadline by which SAMARA INVESTE MAROC undertakes to deliver or perform. If this deadline is exceeded by seven days and the delay is not due to force majeure, the consumer may terminate the contract without going to court, by any means providing proof of receipt, within the five days following the end of those seven days. The contract is terminated on receipt of this notice, unless delivery or performance took place between its sending and its receipt. Amounts paid in advance are then refunded within seven days of that receipt; from the eighth day, they bear interest at the statutory rate by operation of law (Articles 12 to 14 of Law No. 31-08). These periods are clear days.

SAMARA INVESTE MAROC is not liable for delays caused by force majeure or by the customer. It is answerable for the providers and carriers to which it entrusts the performance of the order, without prejudice to its recourse against them. Towards a business customer, it is not liable for delays caused by a third party that is neither its representative nor a person it uses to perform the order. Towards a consumer, in particular where the contract is concluded at a distance, the act of a third party to the contract releases it only if that act was unforeseeable and unavoidable (Article 26 of Law No. 31-08). For the carriage of goods, Article 13 applies.

10. Guarantees

• Legal guarantee: SAMARA INVESTE MAROC guarantees the goods sold against defects that substantially reduce their value or make them unfit for their intended use, and guarantees the qualities it has stated or that the customer has stipulated, under Articles 549 to 575 of the Code of Obligations and Contracts.
• Consumer customers: this guarantee cannot be excluded. Proceedings must be brought within one year of delivery for movable goods and within two years for real property. These periods cannot be shortened by contract (Article 65 of Law No. 31-08). Before the contract is concluded, the quote states the period during which spare parts and parts essential to using the goods will be available on the market (Article 10 of the same Law).
• Business customers: the customer inspects movable goods on receipt and notifies SAMARA INVESTE MAROC of any defect within the following seven days. A defect that an ordinary inspection could not reveal is notified as soon as it is discovered (Article 553 of the Code of Obligations and Contracts). Proceedings must be brought within thirty days of delivery for movable goods and within 365 days for real property (Article 573), unless another period is agreed in the quote.
• Commercial guarantee: where a guarantee from the manufacturer or from SAMARA INVESTE MAROC is added to the legal guarantee, a written document given to the customer sets out its duration, scope, conditions, the steps to follow and the period during which spare parts will be available. This document refers to the legal guarantee, which applies in all cases (Articles 66, 67, 71 and 72 of Law No. 31-08). For consumer customers, transport or shipping costs arising from the use of this guarantee are borne by SAMARA INVESTE MAROC (Article 68).

11. Consumer right of withdrawal

This article applies to consumer customers where the contract is concluded at a distance, without the parties being present together (for example, a quote accepted by email or by phone). It does not apply to business customers.

• Period: the consumer has seven clear days to withdraw, without giving reasons or paying any penalty, except, where applicable, the cost of returning the goods. This period is extended to thirty days if SAMARA INVESTE MAROC has not confirmed in writing the information required by Articles 29 and 32 of Law No. 31-08 (Article 36).
• Start: receipt of the goods or, for a service, acceptance of the quote.
• How to withdraw: the consumer informs SAMARA INVESTE MAROC of the decision by any means of communication, at no extra cost, in particular by email to siminvestkarim@gmail.com, by phone on +212 6 64 12 68 17 or by post to the registered office. Quoting the quote, invoice or payment reference makes the request easier to handle. A written notice is recommended as proof. Goods already received are returned to SAMARA INVESTE MAROC, with the return costs borne by the consumer.
• Refund: SAMARA INVESTE MAROC refunds the total amount paid without delay and at the latest within fifteen days of the withdrawal, using the payment method used, unless the consumer agrees to another method. After that, the amount due bears interest at the statutory rate by operation of law (Article 37). In the event of withdrawal, this rule prevails over the refund and cancellation policy: no bank fees are deducted.
• Exceptions: unless otherwise agreed, the right of withdrawal cannot be exercised for services whose performance began, with the consumer's agreement, before the end of the seven clear days; for goods made to the consumer's specifications or clearly personalised, or which by their nature cannot be sent back or are liable to deteriorate or expire rapidly; for products, goods or services whose price depends on fluctuations in financial market rates; or in the other cases listed in Article 38 of Law No. 31-08. Nor does it apply to transport services to be provided on a specific date or at specific intervals (Article 42).
• Early start: if the consumer wants a training course or another service to start before the end of the withdrawal period, the consumer requests it in writing, on the quote or by email. Once performance has begun with the consumer's agreement, the consumer can no longer withdraw from that service.

12. Complaints and after-sales service

Any complaint may be sent by email to siminvestkarim@gmail.com, by phone on +212 6 64 12 68 17 or by post to the registered office, quoting the order or payment reference. A written complaint is recommended as proof. A reply is given within ten business days.

Where an after-sales service is offered for goods, its terms are set out in a written document given to the customer.

13. Liability

• Business customers: the liability of SAMARA INVESTE MAROC is limited to direct damage resulting from a proven breach of its obligations, up to the amount of the order concerned. This limitation does not apply in the event of fraud, gross negligence or personal injury (Article 232 of the Code of Obligations and Contracts). Nor does it apply to liability for defective products, which no clause can reduce or exclude (Article 106-13 of the same Code).
• Consumer customers: nothing in these terms limits the consumer's right to compensation for loss caused by a breach by SAMARA INVESTE MAROC of its obligations, or its liability in the event of death or personal injury. Where the contract is concluded at a distance, SAMARA INVESTE MAROC is liable by operation of law for its proper performance, whether the obligations are performed by itself or by other service providers. It may be released from all or part of this liability only by proving that the failure or defective performance is attributable to the consumer, to the unforeseeable and unavoidable act of a third party to the contract, or to force majeure (Article 26 of Law No. 31-08).
• Carriage of goods: for the carriage of goods, the liability of SAMARA INVESTE MAROC is governed by Articles 443 et seq. of Law No. 15-95 enacting the Commercial Code and, for international road carriage falling within the scope of the Convention on the Contract for the International Carriage of Goods by Road (CMR), by that Convention. Articles 9 and 13 of these terms apply to such carriage only to the extent permitted by those texts.

14. Checks

The bank of SAMARA INVESTE MAROC is subject to Moroccan Law No. 43-05 on combating money laundering. The bank, like SAMARA INVESTE MAROC, may ask the customer or the payer for supporting documents (authority to act, link between the payer and the invoiced customer, origin of funds) before accepting or processing a payment. Failing this, the payment may be declined or refunded to the payment method used.

A payment that does not match any invoice, accepted quote or deposit issued by SAMARA INVESTE MAROC is refunded to the payment method used.

15. Personal data

Data collected during ordering and payment is processed in accordance with the privacy policy.

16. Governing law and disputes

These terms are governed by Moroccan law. In the event of a dispute, the parties will first seek an amicable solution.

• Business customers: the commercial courts of Casablanca have jurisdiction.
• Consumers: under Article 202 of Law No. 31-08 on consumer protection, as amended by Law No. 78-20, the dispute falls within the jurisdiction of the court of first instance of the consumer's domicile or place of residence, or of the place where the damage occurred, at the consumer's choice.