Last updated:  24 March 2024

Preamble:

The term “Product” means any goods marketed and/or any service provided by the company FLYIN’SURF SARL (hereinafter the “Seller”) to the person placing the Order (hereinafter the “Buyer”), whether in-store, by distance selling, or via its website or partner merchant sites. The term “Customer” means and includes the “Buyer” as well as the Buyer’s direct and indirect customers. These Terms apply to sales made in Morocco and to those made outside Morocco. The latter may be subject to certain specific and/or additional provisions. Placing an Order implies the Buyer’s full and unreserved acceptance of these Terms, to the exclusion of any other document. No specific condition intended to modify or replace these Terms may prevail over these Terms, unless previously accepted in writing by the Seller, regardless of when it may have been brought to its attention. The information provided on the websites, merchant sites, catalogues, brochures, notices and price lists is given for information purposes only and does not bind the Seller, who reserves the right to modify it at any time. The general terms and conditions of sale form an integral part of any quote, offer, commercial proposal, study, order acknowledgement issued by the Seller or of any order or agreement concluded with the Seller.

1. Entry into force of the Order and/or the Contract

a. The order or sales contract is definitively concluded as soon as the Buyer issues the booking confirmation for online bookings, or pays at the store counter, or accepts on the day of signing the sales contract, or on the day the Seller issues the order acknowledgement in the case of an offer or a quote.

b. The Seller is bound only by the references and commitments available online or mentioned in the offer or the quote. In the absence of contrary information, the validity of quotes or offers only binds the Seller for the validity period mentioned. In the absence of any indication to the contrary, the offer or quote remains valid for a maximum of seven (7) days from the date of dispatch.

c. All information mentioned on the website, in catalogues, notices or other documents produced by the Seller is provided for information purposes only, based on information published by or received from partners and/or manufacturers. However, for certain products and services, in particular connected products, the manufacturer’s information relating to the update and interoperability of the equipment and/or
products and applications, or the security of data management, constitutes essential and sensitive information of which the Buyer will have directly taken note before any order. The Buyer consequently acknowledges that the products conform to its needs and are suited to its environment, and will have checked, before any order, the compatibility of the use for which the products and services are intended.

d. The Buyer confirms that it has the expertise and experience required to order, install or have installed the said Products and Services. The Buyer is responsible for the information, its mastery of the activity, its experience and the precise technical assumptions it has communicated to the Seller.
The Seller cannot be held liable for the consequences of improper use of the products or of any accident or incident resulting from the Customer’s lack of experience.

2. Orders and Offers

a. An order is only considered accepted by the Seller if it is expressly accepted in writing by the Seller, within the limits of the Products and Services offered and subject to their availability. An order received by the Seller cannot be cancelled without the Seller’s express agreement. Otherwise, the Buyer confirms and accepts that even if it waives the Products and Services that are the subject of the order, the said order must be paid to the extent of 50%.

b. Any product ordered specifically for the Buyer, or any non-standard order made on request, is considered firm and non-cancellable and may under no circumstances be returned for any reason whatsoever.

3. Delivery Terms

a. Any delivery time starts from the date of the order acknowledgement and without any commitment on the Seller’s part until the express confirmation of the actual delivery time of the order.
b. The Buyer may in no case claim compensation and/or penalties for delay from the Seller, unless the Buyer is able to prove that the Seller is directly responsible for the delay.
In such a case, the Buyer could claim release penalties for delay of a maximum amount of 3% of the amount of the delayed item, to the exclusion of any damages and interest. 
c. Products not available in stock are shipped as soon as they are restocked, unless the Buyer gives express written instruction to the contrary.

4. Packaging, Packing and Transport

a. Shipments are at the Buyer’s expense and are understood to be Ex Works, i.e. leaving the factory or pick-up point at the Seller’s warehouse or Showroom. The risk of deterioration, loss or theft of the Products is transferred to the Buyer upon handover, notwithstanding the retention of title clause mentioned below. If the collection of the Products is delayed for any reason beyond the Seller’s control, they will, if the Seller expressly consents, be stored and handled by the latter at the Buyer’s expense and risk. It is the Buyer’s responsibility to insure itself, systematically or on a case-by-case basis, against transport risks whatever the products and means of transport.
b. Delivery takes place either by direct handover to the Buyer, by a simple notice of availability, or by delivering the Products to a dispatcher or carrier. Except in the case of direct handover to the Buyer beforehand, delivery is deemed to have been completed upon the occurrence of the date notified to the Buyer or agreed at the time of the order. In the case of direct handover to the Buyer, the Seller may
require all documents proving the quality to receive the equipment. The Products are packed in standard packaging for Morocco. The Products travel at the Buyer’s own risk, who must take all useful measures relating to the packaging for transport and make all reservations with the carrier, within forty-eight (48) hours following availability, in the event of damage or partial loss.
c. The Products conform to harmonised standards, national standards, and requirements relating to safety, health and protection of the environment.
d. For any product ordered outside Morocco or delivered outside Morocco, customs duties and related formalities remain the exclusive responsibility of the Buyer or the Buyer’s customer. The Buyer undertakes to verify the conformity of the delivery with regard to the customs and laws of the country of delivery.
e. Upon delivery of the Products, the Buyer must ensure their conformity and accept delivery before actually taking possession. Any claim must be made in writing, within 48 hours of delivery of the Products.
g. No return of Products will be accepted, except in the case of an exceptional agreement strictly validated by the Seller and provided that this request has been made within seven (7) days following delivery. The take-back or exchange of returned Products presupposes that they are returned in perfect condition in their original packaging. The return will give rise to an identical replacement or replacement with similar equipment. In the event that replacement is impossible, the Seller will issue a credit note on the invoice, after receipt and verification of the returned equipment and after
deduction of 20% for revision costs. If deterioration is observed, the restoration costs will be deducted from the credit notes to be issued by the Seller. Pending the agreement, the equipment remains in the Buyer’s custody.
h. Any credit note on the invoice is valid for at most thirty (30) days from its date of issue.

5. Prices

a. Prices are set according to the economic conditions on the day of the order or sales contract. Prices may be revised at any time, depending on variations in the cost of their constituent elements. The applicable VAT rate is the one in force on the date of invoicing. b. For priced supplies and miscellaneous fees, the invoiced prices are those of the unit price schedule in force on the day of the order.
c. The Buyer understands and accepts that the Seller may claim or add additional charges not included in the advertised prices or included in the quote or the offer. These additional charges may be applied at the time of the order or at the time of invoicing.
d. In addition to the additional charges, the fees related to a specific order (for example, specific packaging, special transport, technical assistance or commissioning fees, etc.) will be invoiced in addition.

6. Retention of Title

The Products remain the property of the Seller until full payment of the invoiced amount. The risk of deterioration, loss or theft of the Products remains the Buyer’s responsibility, even in cases of force majeure or fortuitous events. 

The Seller has the right to take possession of the Products at the Buyer’s premises, at the Buyer’s expense and within the limits of the amounts due, upon simple notice sent by registered letter.
The Buyer must immediately inform the Seller in the event of judicial recovery proceedings or liquidation
judicial, or in the event of seizure. It will take all necessary steps to make the Seller’s ownership rights known. In the event that the seizure takes place, the Buyer must take all necessary steps at its own expense to obtain its release. The Buyer will take all appropriate steps so that the Products, which remain the Seller’s property, can be identified in its stocks.
In the event of a claim, the Products in the Buyer’s possession will be presumed to be the Products not yet paid for.

7. Payment Terms

a. Invoices are issued and sent on the day of the sale; however, the Seller may send invoices more regularly if it deems it necessary, based on the number of deliveries made to the Buyer.
b. Unless otherwise agreed before the order, the Buyer must pay the invoices in cash, without discount, on the day the invoice is issued and at the latest before the collection of the products or the performance of the service.
c. The Seller reserves the right to require the presentation of an identity document upon payment.
d. Any deferred payment, if accepted by the Seller, will be made by automatic direct debit, at most at 30 days net from the invoice date.
e. – Any late payment or failure to pay an invoice or part of an invoice results, by right and without prior formal notice, in the immediate demandability of all invoices, even those not yet due, and entails the application of late payment penalties equal 1) to twice the legal interest rate, 2) and moreover a fixed amount of 1000
MAD as compensation for recovery costs.
f. – Payments made before the contractual term do not give rise to the payment of a discount.
g. – In accordance with the law in force, in the event of the debtor’s default, the sums due recovered through legal proceedings will be increased, in addition to legal interest and court costs, by an indemnity of 10% of their amount, with a minimum of 2000 MAD.
h. – Claims concerning invoices addressed by the Buyer to the Seller may only be examined by the Seller if the claim was actually received 7 days after the date of receipt of the said invoice. Under no circumstances may a payment be subject to any set-off.

8. Warranty

a. The warranty only covers new Products and latent defects on the day of delivery. The warranty period is equal to that granted by the manufacturer or supplier to the Seller. The warranty covers defects that have manifested themselves during this period without it being possible to extend it. A warranty is only applicable if the Buyer has informed the Seller by registered letter immediately upon discovery of the defect. To do so, the Buyer must provide sufficient justification to this effect. It must produce proof of purchase and receipt of the goods concerned.
b. The warranty is limited solely to the replacement of parts recognised as defective, unless the manufacturer’s warranty provides otherwise or the spare parts required for repair are unavailable from the manufacturer. Replaced parts provided free of charge become the Seller’s property. The Buyer will bear the cost of return shipping.
c. The warranty does not apply in the event of a natural event, in particular in the event of flooding, fire, etc., or in cases where the deterioration is the Buyer’s doing, such as negligence, wiring error, abnormal use, failure to follow maintenance or commissioning instructions, changes in the environment and technical architecture, updates (minor or major) or evolutions of software, applications and interfaces.
d. – The conformity warranty of the connectivity of the so-called “connected” Products depends on technical and communication infrastructures dependent on the manufacturer and/or its related service providers and/or communication service providers; the Seller cannot be held liable under the warranty
for the failure, alteration, modification or suspension of the connection capabilities of the so-called “connected” Products.

9. Protection of Personal Data

The Seller has the option, in agreement with the Buyer, to collect personal information about it, for the purposes of management, financing and recovery related to the sale of the Products. Nevertheless, the Buyer has the right to access and rectify its data as well as the right to object to their processing; it
suffices to make a simple request to the Seller. The Buyer must implement appropriate protection measures according to the specific conditions of the sale of the goods, this information being considered as having commercial value and meeting the definition of trade secrets within the meaning of the article
of the Moroccan Commercial Code.

10. Force Majeure

In the event of force majeure, the execution of orders and deliveries is suspended by right. Without limitation, the following events are considered cases of force majeure: war, total or partial strike, riot, traffic interruption, insufficient supply of transport equipment or any cause beyond the Seller’s control. Likewise, any events whatsoever that reduce or make the delivery or the raw materials exorbitant. These events release the Seller from all liability and from any damages and interest whatsoever for late delivery or non-performance of orders.

Note: In the event of an epidemic of the Coronavirus (COVID-19) type or equivalent, notwithstanding all the means implemented, the execution of orders and deliveries may be suspended by right, at any time, due to this epidemic or pandemic. These events release the Seller from all liability and from any damages and interest whatsoever for late delivery or non-performance of orders.

11. Limitation of Liability

In the event that the Seller’s liability is incurred for a breach of an essential obligation of an order and/or delivery, and more generally of the sale, the total amount of compensation that the Seller may be required to pay to the Buyer and its insurers may not exceed 25% of the tax-exclusive amount of the order concerned, whatever the cause of the damage, the legal basis of the claim and the procedure used to bring it to a successful conclusion. The Seller is not liable for indirect damages, nor for loss of profits or loss of opportunity or expected benefits, nor for the financial consequences of any actions brought by third parties against the Buyer.

12. Compliance

The Buyer declares and warrants on the date of these terms and throughout the sales contract or order, that itself, as well as its directors, officers and employees, comply and will take all necessary measures so that its agents and/or subcontractors comply with all applicable laws.
The Buyer undertakes to take all appropriate and reasonable security measures (including in particular the assessment of the adequate security level for processing) to prevent any unauthorised access, collection, use, disclosure, copying, modification or deletion of data or any similar risk to the personal
data it receives and collects from the Seller. The Buyer will hold the Seller harmless from all material and immaterial damages, whether consequential or not, and all consequences that may result from a breach of any of these provisions. The Seller reserves the right to terminate the contract or the order in the event of the Buyer’s failure to comply with any of these provisions, without incurring any liability.

13. Jurisdiction

The general terms and conditions of sale are subject to Moroccan law. Any sales contract or order will be interpreted and governed in accordance with Moroccan law. Any dispute arising from these Terms will fall under the exclusive jurisdiction of the Commercial Court of the district of the Seller’s registered office, which has sole jurisdiction, regardless of the sales terms and the accepted payment method, even in the case of related warranty claims or multiple defendants.