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GENERAL CONDITIONS OF SALE - CONCIERGE

SHORT TERM RENTAL

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1. HOME EYES

 

The site www.home-eyes-tanger.com is designed and published by Ms. Ibtissam BEN ABDELLAH under the common company identifier (ICE) n° 002936411000047, located in Res. Kawacim Rte de Rah- Rah Building 63/9 90000 Tangier. HOME EYES is a service company that offers services  short-term rental concierge, stewardship, small maintenance, upkeep and temporary vigilance of real estate. 

 

   

2. CONTRACTUAL DOCUMENTS

 

The contractual documents constituting the Contract are:

  • these General Conditions;

  • particular conditions;

 

In the event of disagreement, ambiguity or contradiction between the terms of these different contractual documents, the terms of the Special Conditions will prevail.

 

  

3. PURPOSE OF THE CONTRACT

 

The purpose of this contract is to define the terms and conditions under which the Parties intend to organize their collaboration under the Services described below.

 

  

4. DESCRIPTION OF SERVICES

  

The Services described below are provided for information purposes only and may be modified, in whole or in part, or canceled after sending an e-mail to the Client.

The Special Conditions indicate the precise characteristics of the Service(s) agreed between HOME EYES and the Host.

HOME EYES offers its assistance to Hosts, within the framework of seasonal rentals that the latter carry out or intend to carry out via third-party Operators, in particular in:

  • the preparation and/or optimization of one or more Rental Offers for Accommodation from any Third Party Operator by using a dedicated email address created by HOME EYES 

  • communication with Prospects and Travelers in place of and in connection with the Host

  • the organization of the Travelers’ stay (writing a welcome booklet, check-in and check-out)

  • the provision of services, directly or indirectly, linked to the Accommodation (cleaning, laundry and minor repairs).

 

  

5. CONDITIONS NECESSARY FOR THE PROPER EXECUTION OF THE SERVICES 

 

For the proper execution of its Services by HOME EYES, the Host now authorizes HOME EYES to create a customer account in its name; to enable communication with Prospects and Travelers in place of the Host and in connection with him.

For the same purpose, the Host undertakes to ensure that the Accommodation is completely free and capable of being rented to one or more Travelers.

The Host further undertakes to provide HOME EYES, upon acceptance of these General Conditions, with a number of 2 sets of keys to the Accommodation, namely:

 

  • 1 set of keys for HOME EYES

  • 1 set of keys for the Traveler(s)

 

HOME EYES will return to the Host, once the Services have been carried out or in the event of termination of the contract, the 2 sets of keys which were given to them.

Except for specific provisions provided for in the Special Conditions, and by default, HOME EYES must make available in the Accommodation:

 

  • 1 tea towel

  • 1 Pack including: shampoo, shower gel, toilet paper, dishwashing liquid, sponge

  • 1 towel per person

  • 1 Bed set (fitted sheet, pillowcase(s), duvet cover)

  • 1 bath mat

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With regard more specifically to the provision of cleaning and laundry services, the Host accepts that:

  • the cleaning is carried out by HOME EYES directly or through an external professional service provider, at the sole discretion of HOME EYES. It is specified in this regard that HOME EYES (or its service provider) cannot under any circumstances be held responsible for the unexpected removal of objects, values, cash, commercial effects, documents or any other thing which could be considered as intended to be thrown away

  • HOME EYES (or its service provider) transports the laundry outside the Accommodation for cleaning and drying.

 

 

6. INVENTORY AND INVENTORY

  

A complete inventory of the Accommodation, as well as an inventory of the objects and their working condition, will be carried out in a contradictory manner between HOME EYES and the Host, upon acceptance by the latter of these General Conditions.

 

  

7. SCOPE OF APPLICATION OF SERVICES

  

HOME EYES is bound by an obligation of means in the context of the execution of the Contract.

HOME EYES is solely intended to assist Hosts in the context of Reservation and temporary rental operations for their Accommodation within the framework of relationships with third-party Operators and with Prospects or Travelers.

Consequently, HOME EYES cannot in any way be considered as (or assimilated to) a manager of any nature whatsoever, a company booking and/or renting accommodation – in the broad sense – between individuals.

The Host remains in all cases the sole decision-maker and responsible for the choice of both their Travelers and the price, duration and possible recurrence of rental of their Accommodation.

HOME EYES cannot in any way be sought in the event of absence of Reservation and/or rental of the Accommodation and is in no way responsible for the Travelers ultimately chosen by the Host nor for any damage and/or disappearance of any objects, values, cash, trade effects, documents or any other thing, caused during a rental.

More generally, the Host remains solely responsible for the consequences of any contract it enters into with one or more Travelers.

HOME EYES will under no circumstances be held responsible for any damage, direct or indirect, resulting from the execution of the Contract and which cannot be shown to be attributable to HOME EYES.

 

  

8. DECLARATIONS OF THE PARTIES

 

Each Party further declares that it is able, both legally and operationally, to sign and execute these presents. In the event of undivided ownership of the Accommodation, the Host must provide proof of the agreement of the other co-owners.

More specifically, the Host declares that it has all the rights to offer Accommodation for short-term rental.

The Host also declares to be fully compliant with all requirements, regulations or legislation, notably legal, tax and/or insurance, applicable to his situation (and in particular with regard to the obligations relating to short-term rentals).

The Host expressly undertakes to ensure satisfactory insurance coverage from the insurer of their Accommodation in order to proceed with a seasonal rental.

In addition, the Host remains solely responsible for the maximum number of Travelers he decides to accommodate in his Accommodation.

HOME EYES declares for its part that it has, on the day of signing this Contract, all rights authorizing it to conclude this Contract.

 

 

9. OBLIGATIONS AND COOPERATION OF THE PARTIES

  

As part of the Services referred to herein, a common approach must be put in place and the permanent exchange of information must make it possible to avoid the generation of incidents harmful to the interests of both Parties.

The Parties thus undertake to collaborate to the best of their abilities in order to enable the proper execution of their respective commitments under the Contract.

HOME EYES specifically undertakes to make all reasonable efforts, human and material, in order to provide the most effective Services possible and in particular respond as quickly as possible to requests from a Host.

The Host acknowledges that HOME EYES has made available to him all the information so that he can make any useful decision concerning the Services referred to herein.

The Host undertakes to provide HOME EYES with all the information necessary for the proper execution of these terms and to make himself reasonably and sufficiently available for this purpose.

The Host undertakes to collaborate actively and in good faith with HOME EYES by satisfying in particular the conditions provided for in article 5 hereof.

The Parties recognize that compliance with all of these commitments is decisive for HOME EYES’ compliance with its own obligations.

 

  

10. FINANCIAL CONDITIONS

Commission: In return for the services provided, HOME EYES will receive remuneration amounting to 20% tax per reservation + cleaning costs payable by travelers.

 

Payment terms: You collect the entire amounts through Airbnb & other platforms, we send you an invoice for the provision of services at the end of the month. The owner undertakes to pay HOME EYES all cleaning costs as well as 20% tax.

 

  

11. DURATION OF THE CONTRACT

  

With the Host, this contract comes into force on the day of the last signature hereof and will last for the targeted duration of 1 YEAR. Unless notified to the other Party by registered letter with acknowledgment of receipt or by e-mail with acknowledgment of receipt, for which the recipient of the e-mail undertakes to agree to give an acknowledgment of receipt/reading or to acknowledge receipt by separate e-mail within 24 hours, sent no later than 8 days before the end of the contract, it will be tacitly renewed for new periods of 1 YEAR, renewable indefinitely. 

Reservations that were made during the HOME EYES contract will remain effective despite termination.

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12. TERMINATION

 

In the event of a contractual breach by one of the Parties of an essential obligation under the Contract, not repaired within 30 days from the sending of a formal notice by e-mail with acknowledgment of receipt, for which the recipient of the e-mail undertakes to agree to give an acknowledgment of receipt/reading or to acknowledge receipt by separate e-mail within 24 hours, or by registered letter with request for acknowledgment of receipt, notifying precisely the breach in question and indicating the intention to enforce this clause, the Contract may be terminated automatically by the other Party, without prejudice to any damages and interest to which it could claim as a result of this breach.

The contract will continue for current situations, i.e. those having been the subject of one or more Service(s) before the termination of the contract took effect.

 

  

13. CONFIDENTIALITY

 

The Parties undertake, both during the duration of this Contract and 5 years after its expiration, whatever the cause, to consider as strictly confidential and to treat as such, all information and documents, particularly technical, commercial, financial. , exchanged between them, whatever their nature and medium (Hereinafter “Confidential Information”).

The information of each Party is deemed to be non-confidential and is (i) known to the public before its communication to the other Party, (ii) disclosed to the public otherwise than by an act or omission of the other Party; or (iii) communicated to the other Party by a third party not subject to an obligation of confidentiality, nor in violation of an agreement with the first.

All publicly known information compiled in a form not publicly known is deemed confidential.

The Parties undertake not to copy or allow anyone to copy, in whole or in part, the Confidential Information except for the purposes hereof.

Each of the Parties undertakes not to disclose or allow to be disclosed to any third party whatsoever, directly or through an intermediary, in whole or in part, the Confidential Information of the other Party of which it has thus become aware, upon exception of its employees or subcontractors needing the information for the performance of their obligations.

Each Party undertakes not to use the Confidential Information of the other Party in any context other than that of the execution of this Contract, and in particular not to use it for its own account except as provided herein.

Each of the Parties undertakes to return, at the first request of the other Party, all documents or other Confidential Information materials that the latter may have been required to provide to it in the context of the execution of this Contract, and which remain its property, without being able to retain any copy or reproduction.

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14. FORCE MAJEURE

  

Expressly, cases of force majeure are considered to be those usually retained by the jurisprudence of Moroccan courts and tribunals and which are of an unpredictable, insurmountable and external nature.

Initially, cases of force majeure will suspend the execution of the Contract affected by them.

If the force majeure lasts for more than fifteen days, the Parties will meet to determine the terms of continuation of their relations. If the force majeure event lasts longer than three months, the Contract in question will be terminated automatically and without formality.

 

  

15. PERSONAL DATA

 

HOME EYES declares to respect the provisions specific to the protection of personal data and privacy, and in particular those of LAW 09-08 RELATING TO THE PROTECTION OF INDIVIDUALS WITH REGARD TO THE PROCESSING OF PERSONAL DATA

 

In accordance with this same Law, any person concerned may, at any time, access personal information concerning them held by HOME EYES, request their modification or deletion at the following address: contact@home-eyes-tanger.com.

 

  

16. INSURANCE

 

To protect himself against the risks arising from the obligations imposed on him in application of the seasonal rental contract which he subscribes to with one or more Travelers, the Host undertakes to take out an insurance policy with an insurance company. notoriously solvent insurance.

 

  

17. ASSIGNMENT

  

The Host is informed that all of the rights and obligations borne by HOME EYES under the Contract may be transferred to a third party, particularly in the event of a restructuring of HOME EYES, whether in the in the context of an acquisition, merger/absorption or partial contribution of assets or even upon simple notification from HOME EYES.

It is understood that in such cases, the entity taking over the Contract will be held to the same rights and obligations as HOME EYES.

 

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18. INDEPENDENCES OF THE PARTIES

  

The Host and HOME EYES enter into the Contract as independent persons, both legally and financially.
Consequently, the Contract cannot under any circumstances be interpreted as creating a common entity, a commercial agency relationship, a mandate of common interest, a de facto or legal association or employer-employee relations between the Parties. .

Each Party (i) therefore refrains from making any commitment in the name and on behalf of the other Party and (ii) remains solely responsible for its management decisions.

 

  

19. ENTIRE CONTRACT

  

The Contract expresses the entirety of the obligations of the Parties relating to its subject matter.

It cancels and replaces any previous document and agreement entered into between the Parties and may only be modified by means of an amendment signed between the Parties.

Any extension hereof, whether in terms of functionalities, execution of the Contract abroad or in other conditions must be the subject of prior discussions between the Parties and, where applicable, the signing of an amendment to the present.

 

  

20. NON-WAIVER

  

The fact that one or the other Party does not take advantage of a failure of the other Party to fulfill any of its obligations under the Contract cannot be interpreted as a waiver of the obligation in cause.

 

  

21. PRIOR CONCILIATION CLAUSE

 

In the event of a dispute arising from the interpretation, application and/or execution of the contract, the Parties undertake to attempt conciliation prior to any legal action, under penalty of inadmissibility according to law 05.08 on arbitration and conventional mediation

To this end, the plaintiff must notify the elements of the dispute to the other party by email accompanied by a registered letter with acknowledgment of receipt.

The conciliation phase will last 15 days from receipt of this letter during which the Parties will communicate by email, Skype or telephone.

At the end of this period, the parties will be deemed not to have been able to reconcile, unless proof to the contrary is provided.

In the event of failure, the mediator prepares a non-transaction document signed by the parties. The latter will thus be able to refer the matter to the competent court to rule on the dispute.

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22. DEFINITIONS

 

 

  • Accommodation: Refers to any residential property offered for rental by a Host

  • Host / Client: Refers to the owner (or his Representative) of Accommodation who uses the Services. The term Host or Customer is used interchangeably in these General Conditions

  • Rental Offer: Refers to any advertisement broadcast by a Host, directly or through a Third Party Operator, intended to allow the rental of their Accommodation

  • Third Party Operator: Refers to any entity, legal or natural person, whose activity is to connect Hosts and Travelers with a view to renting Accommodation

  • Party: Refers individually and/or collectively to HOME EYES and/or the Host(s)

  •  Services: Refers to all the services offered by HOME EYES to Guests and whose description appears in article 4 of these General Conditions

  • Prospect: Refers to any person likely to become a Traveler

  • Representative: Refers to any person duly authorized by the Host to rent out and rent out their Accommodation and in particular to be given the keys to the Accommodation

  • Reservation: Refers to the reservation of Accommodation made by a Prospect, directly with a Host or through a Third Party Operator

  • Traveler: Refers to any tenant of a Host's Accommodation

 

GENERAL CONDITIONS OF SALE - PROPERTY MONITORING

 

ARTICLE 1 – Scope of application


HOME EYES is a micro-enterprise, whose head office is located in Res. Kawacim Rte de Rah- Rah Building 63/9 90000 Tangier, represented by Ms. Ibtissam Ben Abdellah under the common company identifier (ICE) n° 002936411000047. Home Eyes is a service company which offers services: short-term rental concierge, stewardship, small maintenance, upkeep and temporary vigilance of real estate as well as short-term rental concierge. 

 

“Client” means the natural person benefiting from HOME EYES services.
“Services” means stewardship, surveillance, concierge services for short-term rentals and other services provided by HOME EYES. “Property” means the real estate, as the client’s primary, secondary or other residence.


These General Conditions of Sale apply, without restriction or reservation, to any purchase of services (“The Services”) offered by HOME EYES (“The Service Provider”) to the Customer (“The Customer”).
The main characteristics of the services are presented on the provider's website: www.home-eyes-tanger.com.
The customer is required to read it before placing any order. The choice and purchase of a service is the sole responsibility of the Customer.
These General Conditions of Sale are systematically communicated to any customer prior to the conclusion of the contract for the provision of services and will prevail, where applicable, over any other version or any other contradictory document.
The customer declares to have read these General Conditions of Sale and to have accepted them before concluding the contract for the provision of services. Validation of the order for services by the customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the customer's purchase is that in force on the day of conclusion of the contract.
In accordance with the regulations in force, the seller reserves the right to deviate from certain clauses of these general conditions of sale, depending on the negotiations carried out with the customer by the establishment of specific conditions of sale inserted in the order form or referred to in the accepted quote.

 

 

ARTICLE 2 – Orders

 


The quote is established by the service provider after, where applicable, a meeting with the customer during which the customer details their needs and the services they wish to order based on the services offered by the service provider.
It is the customer's responsibility to check the accuracy of the quote and immediately report any error so that the service provider can rectify it.
Acceptance of the quote and the order by the customer will be materialized by sending to the service provider this signed, dated quote bearing the words “good for agreement” and, where applicable, its stamp, or by
the sending by the customer to the seller of a purchase order containing the elements of the quote. The customer can send this order by any means (e-mail, postal mail, etc.).
An annual service contract will then be concluded between the client and the service provider on the basis of the quote accepted by the Client.
For orders for additional services not included in the annual contract, the service provider will establish a prior estimate, the sale of the additional service will only be considered final after sending to the customer confirmation of acceptance of the order by any means ( e-mail, postal mail, etc.).
Any modifications to the order of additional services by the customer can only be taken into account by the service provider within the limits of its possibilities. In the event that these modifications cannot be accepted by the service provider, any sums paid by the customer will be returned to him within a maximum period of 8 days from notification of the impossibility of accepting the modifications made by the service provider. with the customer (unless the latter prefers to benefit from a credit). In the event of cancellation of the order by the customer after its acceptance by the service provider, for any reason whatsoever other than force majeure, a sum corresponding to 15% of the total amount of the services ordered will be acquired from the service provider and invoiced to the customer, as damages and interest, in compensation for the harm thus suffered.
Quotes established by the service provider are valid for a period of 30 days. HOME EYES, however, reserves the right to pass on any price increases resulting from conditions beyond its control.

 

 

ARTICLE 3 – Prices

 


The services are provided at the seller's rates indicated on the order form or quote and accepted by the customer. Prices are expressed in Dirhams and tax included.
These prices are firm and cannot be revised during the validity period of the quote.

 

ARTICLE 4 – Payment conditions


The services are provided at the prices and pricing conditions mentioned on the quote accepted by the customer and returned to the service provider.
The price of the services chosen by the customer subject to an annual contract will be paid in 12 equal monthly installments by bank transfer to the service provider's account.
For orders for additional services, the price of the services will be paid in accordance with the quote accepted by the customer and returned to the service provider.
For à la carte services, the first hour started is due.
In the event of cancellation of an à la carte service less than 72 hours before the scheduled date, 50% of the amount of the service will remain invoiced to the customer.
In the event of intervention by external service providers, quotes and invoices will be drawn up in the name of the customer.
Any amount not paid when due will result in:
– payment of late payment interest at a rate equal to 10%, in accordance with applicable regulations,
– reimbursement to HOME EYES of the bank charges that it would have to bear due to the rejection of the check, direct debit or transfer,
– the immediate payment of invoices not yet due,
– the suspension or cancellation of any order and service in progress.
Any invoice recovered through litigation will be increased by compensation fixed at a flat rate of 15% (fifteen percent) of the sums due per day of delay with a minimum of 100.00 Dhs (one thousand dirhams).
In addition, the service provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of the services ordered by the customer and/or to suspend the execution of its obligations.

 

ARTICLE 5 – Provision of services


HOME EYES' temporary services are accessible to individuals only by subscribing to an "annual package" chosen from four types of packages offered or any other type of package established between HOME EYES and the customer according to their needs. The customer will be able to personalize this “annual package” by subscribing to “à la carte services” which will therefore be carried out by HOME EYES monthly in addition to the services included in the “annual package”. Subscription to the “annual package”, as well as possibly to one or more “à la carte services”, constitutes the customer’s “monthly package”.

5.1 The “annual package” offers the following services:
Custody and delivery of property keys.
Weekly mail collection.
Scan and/or send mail to the CUSTOMER by post or electronically if necessary.
Monthly general inspection(s), lasting a maximum of one hour, of the property: verification of the absence of leaks, traces of break-in, any damage, good working order appliances and installations and ventilation of the rooms of the property.
Watering indoor and outdoor plants.
Quick cleaning (vacuum cleaner and dust in all rooms of the property), preparation of beds, before the guest's arrival, Major cleaning (thorough cleaning of all rooms in the home: vacuum cleaner, washing of floors, taps and fixtures). mirrors, dust, laundering of sheets and towels) after the guest's departure.

Delivery and storage of food shopping (previously ordered and paid for at the drive).

5.2 This “annual package” will possibly be supplemented by the following “à la carte services”:
Interior cleaning/Window and bay window cleaning/laundry/routine exterior maintenance/complete exterior maintenance/small DIY jobs.
Administrative and secretarial tasks (writing letters, telephone calls) – Various administrative formalities and procedures (Amendis, insurance, telephony, internet, etc.)
Receipt of merchandise/order at the customer's property. Organization and supervision of renovation work. Routine DIY work that does not require specific technical skills.



ARTICLE 6 – Conditions of performance of services


The services ordered by the customer, which include stewardship and temporary vigilance services, will be provided according to the following terms:
According to schedules and monthly frequency from the date as defined in the quote and/or contract, to the address indicated by the Customer when ordering and which constitutes their domicile.
The services ordered by the Client, which include à la carte services and administrative assistance services, will be provided according to the following terms:
According to dates and times agreed with the customer and mentioned on the quote to the address indicated by the customer when ordering and which constitutes their domicile.
The customer will personally benefit from the services and prices included in his “formula”. In the event of total or partial non-use of these services, no reimbursement may be required by the customer. The services are carried out on the days and times agreed with the client. It is however specified that subscribing to its formula gives the customer a right of access to HOME EYES services 5 days a week, from 9:00 a.m. to 7:00 p.m. Monday to Friday, for the execution of the services resulting from this subscription. Services provided on Saturdays, Sundays, at night (between 7:00 p.m. and 9:00 a.m.) and on public holidays, whether included in the “formula” chosen by the Client or whether they are the subject of a one-off request, are increased by 50% based on the prices, mentioned in the price list attached to the quote, for “à la carte services”.
Any request for a one-off service, which has not been chosen by the Customer as part of their package, must be the subject of a prior request by telephone, email, or mail which must be received by HOME EYES at least 72 hours in advance (not including Sundays and public holidays).
HOME EYES will inform the customer, within 24 hours of receipt of the request, whether or not it is possible to perform the service concerned.
Furthermore, the customer undertakes to notify HOME EYES at least 72 hours in advance of his arrival at his residence (Sundays and public holidays not included) so that the service provider can organize himself according to his schedule so that the residence is ready to welcome the client.
The service provider undertakes to make its best efforts to provide the services ordered by the customer within the framework of an obligation of means and within the deadlines specified in the quote and/or contract. However, these deadlines are communicated for informational purposes only.
If the services ordered have not been provided within 30 days after the indicative date specified on the quote and/or contract, for any reason other than force majeure or the customer's act, the sale may be canceled at the written request from the customer under the conditions provided for in articles Dahir n° 1-11-03 of 14 rabii I 1432 (February 18, 2011) promulgating law n° 31-08 enacting consumer protection measures.
The sums paid by the customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
The identification of the service provider is as follows:
– Name: Ibtissam BEN ABDELLAH - HOME EYES– Company form: Self-employed,
– Head office: Res. Kawacim, Rte de Rah-Rah Building 63/9 90000 Tangier,
– Common company identifier (ICE) n° 002936411000047

 

 

ARTICLE 7 – Insurance and Liabilities


HOME EYES holds a XXXX professional liability insurance policy.  for the accomplishment of its activity.
The customer takes responsibility for the insurance of all direct or indirect risks and damages which may affect all of its equipment and installations and declares that it is and will be, for the entire duration hereof, covered by all insurance policies. insurance in accordance with customary practices in this area, particularly with regard to its civil liability towards third parties.
HOME EYES' liability can only be incurred in the event of fault on its part and its insurance is limited to the reimbursement of goods which could be damaged by Home Eyes or in the event of loss or theft of an object. Any damage observed must be reported by telephone or in writing, within 48 hours following the service concerned.
Under no circumstances can HOME EYES be held liable when there is fault, negligence, omission or failure of the customer, force majeure, events or incidents beyond the control of Home Eyes such as malicious intent by a third party, social unrest , public calamities, fault, negligence or omission of a third party over which HOME EYES has no power of control or supervision.
By express agreement between the parties, HOME EYES is only subject, hereunder, to an obligation of means and in no case to an obligation of results.
The customer declares that he does not have cash, jewelry or any other valuable object at his residence. If this is the case, he must first make a contradictory inventory with the service provider.
The customer declares to accept the intervention of external service providers when the services are delegated and/or subcontracted if the services requested require particular qualities or due to the unavailability of HOME EYES.
In the event of the intervention of external professionals, HOME EYES undertakes to choose quality service providers and will ensure that any person taking part in the execution of the services has the professional experience required to carry out the tasks assigned to them.
In the event of intervention by external professionals as part of a request for work assistance as well as in any other case where a quote or contract is signed between the customer and the external service provider, HOME EYES, as an intermediary, does not may be held responsible for damage or harm caused by a delay in the delivery of a product or service or by the quality of the services provided and will not result in any compensation of any nature whatsoever payable by HOME EYES.

 

ARTICLE 8 - Force majeure

 


The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure.
Exempting cases of force majeure are expressly defined as: health problems of the service provider preventing them from performing the service covered by the contract.
The party noting the event must immediately inform the other party of its inability to perform its service and justify this to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed a duration of 30 days. Consequently, as soon as the cause for the suspension of their reciprocal obligations disappears, the parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible.
To this end, the prevented party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any other means allowing proof of receipt of the information. If the impediment is definitive, these conditions will be purely and simply canceled due to force majeure.

 

 

ARTICLE 9 – Liability of the Service Provider – Guarantee


The service provider guarantees, in accordance with legal provisions and without additional payment, the customer, against any lack of conformity or hidden defect, resulting from a defect in the design or production of the services ordered.
In order to assert his rights, the customer must inform the service provider, in writing, of the existence of defects or lack of conformity within a maximum period of 3 days from the provision of the services.
The service provider will reimburse or rectify or have rectified (to the extent possible) the services deemed defective as soon as possible and at the latest within 8 days following the service provider's observation of the defect or defect.
Reimbursement will be made by credit to the customer's bank account or by bank check addressed to the customer.
The service provider's guarantee is limited to the reimbursement of the services actually paid for by the customer and the service provider cannot be considered responsible or defaulting for any delay or non-performance resulting from the occurrence of a case of force majeure and these being expressly agreed between the parts.

 

 

ARTICLE 10 – Applicable law – Language


These General Conditions of Sale and the operations resulting from them are governed by Moroccan law.
In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

 

 

ARTICLE 11 – Disputes


All disputes to which the service provision operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their resolution; their consequences and their consequences and which could not be resolved amicably will be submitted to the competent courts within the jurisdiction of the service provider's head office under the conditions of common law.
The customer is informed that he can in any case resort to conventional mediation, in the event of a dispute.

 

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ARTICLE 12 – Processing and protection of personal data


The service provider informs the customer that personal data is collected and processed as part of their order for services and is kept for 5 years from the end of the contractual relationship.
The customer takes note of the information communicated by the seller in accordance with LAW 09-08 RELATING TO THE PROTECTION OF INDIVIDUALS WITH REGARD TO THE PROCESSING OF PERSONAL DATA

In accordance with the GDPR, the customer is informed that:
– the data controller is HOME EYES, identified in article 1 hereof, 

email: contact@home-eyes-tanger.com.
– the customer's personal data is intended for the data controller, its authorized personnel. This data may be communicated to the seller's partners responsible for the execution, processing, management and delivery of the order.
– the customer has a right of access, rectification or erasure of his personal data which he may request by email or post to the data controller, a right to request a limitation of the processing of his data personal data and the right to object to the processing of their personal data and the right to data portability.
– the customer may withdraw his consent to the processing of his personal data at any time by writing to the data controller by email or postal letter.
– the customer can lodge a complaint with the CNDP (CNDP website: https://www.cndp.ma/fr/) if he considers that the protection of his personal data has not been ensured within the framework processing of his file.
– the service provider keeps a register of personal data processing activities which the customer can request consultation of if they wish.
– the service provider ensures that its suppliers are able to respect confidentiality obligations.
– the service provider implements all means to ensure the protection of customer data

 

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ARTICLE 14 – Tolerances


It is formally agreed that any tolerance or waiver by one of the parties, in the application of all or part of the commitments provided for in this contract, whatever the frequency and duration, cannot constitute a modification of this contract. , nor generate any right.

 

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ARTICLE 15 – Pre-contractual information – Customer acceptance


The customer acknowledges having been informed, prior to the immediate purchase or the placing of his order and the conclusion of the contract, in a clear and understandable manner, of these General Conditions of Sale and of all the information listed in the law. 31-08 of the Consumer Code and in particular the following information:
– the essential characteristics of the service;
– the price of services and additional costs (delivery, for example);
– in the absence of immediate execution of the contract, the date or deadline by which the service provider undertakes to provide the services ordered;
– information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities, if they do not emerge from the context;
– information relating to legal and contractual guarantees and their implementation methods;
– the possibility of resorting to conventional mediation in the event of a dispute.
The fact for a natural person to make an immediate purchase or order a Service implies full acceptance and acceptance of these General Conditions of Sale and obligation to pay for the services ordered, which is expressly recognized by the customer, who waives , in particular, to rely on any contradictory document, which would be unenforceable against the service provider.

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