TERMS OF USE:
Article 1: scope of application: Unless special conditions are decreed and agreed by written, prefeel general conditions s&39;apply to opsésales, service and warranty rations àgrave; produced by SMEIA at b&b&b&b;of its customers.
Any condition that does not comply with the prefeel general conditions that the customer will formulate will be rejected. lessthan
SMEIA does not have it on purpose and by recognized the applicability.
The customer by formulating his order, accepts without any reserves the entirety; prefeel generous conditions, and recognizesîyou had perfect knowledge of it, renounceçant of this factà is PRésert any document to the contrary, and in particular its own terms and conditions of purchase.
The act of'purchase enteredîdoes not automatically accept the SMEIA general conditions.
SMEIA may modify the general terms and conditions to anytime.
Article 2: order of'purchase: any order of'purchase reached at agrave; SMEIA only constitutes'an offer to contract by the customer and n'obligations customer knowledge.
The deposit towardsé for any order can only êbe rAndurnedé neither usedé for another order. Satisfaction by SMEIA of the order of'purchase is made within the limitedé available stocks.
Article 3: order of repair: the client formulating his order to repair, express authorization SMEIA à; do and à executed all the repairs of writings and for which it declear in &every closeé to subject to the vehicle driving tests for vérify the'efficiencyé some Réop parationséréare.
- The signature by the customer of, expressly on his part firm acceptance And irréterm from the time of the repairs to; perform only has conditions And this, without possibilityé discussion or request for review.
- The date provided for the collection of the vehicle at reparry is given to; As an indication, it may be subject to any modification depending onl'And importance of complexityé works of repair to; execute, without this being able to open the right on the part of the customer at any reclaim.
- invoicing of parking and security fees at agrave; reason of 40 DH HT per day from rAndard, éso muchécisé that every day
e started is billedéand for a dayéand gone.
- The amount of the bill of repair is due And payable at the latest at the dateéview for lélement And the customer is constitutedé in default by the mere occurrence of said term, without'it is necessary to justify by SMEIA d'a formal arrest.
- Any rAndard older than 20 days from the dateéview for the'enlèclothing vehicle will be reéwhoreé give upé by its owneréshut up And SMEIA reserves the right, at the risks And pécustomer's eyes:
• to place the véhoist in any other place it sees fit.
• with a view to ensure the recovery of its creances And outstanding this, notwithstanding any other claim for damages, interests And other charges And charges.
Article 4: price: the prices indicatedés in dirhams are reéwhoreés all taxes included, excluding shipping costs.
SMEIA reserves the right to modify its prices. any time. Only the rates in effect at the time of delivery are binding on SMEIA.
Article 5: payment: The price is payable immediately the date of the order acceptance.
The repayment is madeé by chècertified banké éworkbench at; order from SMEIA And senté to the sound address ifèsocial age.
In the case whereù the customer would be in rAndard in the payment of the price, SMEIA will be entitled to reshout intêrAndard ts whose rate will beégal to; the one practicedé by banks àgrave; the date of exigibility, àgrave; unless SMEIA provides proof of the'existence of'damage the amount of which would be greater thanélaughing at
amount of moratoria interests, in which case, SMEIA will be entitled to request reparation of said prejustice.
Any incident or rAndard of payment makes And automatically payable all sums owed by the customer without
SMEIA does not have to justify any formal notice.
In case of creation of'effAnd of trade for the r&;regulation of'part or allé; of the customer's claim to SMEIA, Andà depayment due'only one of these effAnds on simple préfeeling And without protêt And eight days afterés l'sending'formal notice by lAndtre recommendedée without réresult, the wholeé ; sums owed by the customer will be immediately and automatically due.
These sums will earn interest. from the due date of the unpaid effAnd; And this, at the rate practiced; by the banks to said deadline.
Furthermore, SMEIA will be entitled to suspend or cancel any pending customer order as more defaulting.
Article 6: final clause: in case of appeal to; justice And & agrave; As a penalty clause, given the irrecoverable costs of representation to which SMEIA is exposed, it will be due; by the debtor.
Defaulter, in addition to the interests of rAndard provided, an indemnity; equal to 15% of the total amount due.
Article 7: delivery: SMEIA does not process the order And the delivery times do not start at run only at the date of full payment of the corresponding price.
Delivery times are only given at indicative title; unless, at exceptionally, SMEIA has undertaken in writing to observe a specific delivery date.
Delivery is made to; our points of sale. The risks will be at the customer's responsibility from the date of collection of the goods notified to the customer.
Article 8: Complaint: the customer, by taking possession of his goods, acknowledges their full compliance with the goods. with the conditions of his order. No subsequent claim will be admissible.
The customer by formulating his order recognizes the specificities And the characteristics specific to our products with respect to all the requirements of their use. Any subsequent claim by the client, his employees SMEIA.
Article 9: retention of title; : the delivered products will remain the property of from SMEIA to & that the customer has fulfilled all his obligations to; against SMEIA And in particular until full payment of the price, if necessary, increased; interests.
CAndte retention of title; does not preclude the transfer of risks which will be at risk; the customer's responsibility from the date indicated of the removal of the goods in accordance with; the article «7» above.
Consequently, the purchaser undertakes, until full payment of the amount of the invoice in principal And accessories And by way of derogation from; DOC Section 420:
- keep the goods specified on this invoice in due care, reserve them for its personal use, at agrave; do not alter, export or dispose of them in any way.
- have SMEIA make any modifications and carry out any repairs that may become necessary.
or by a designated third party; by her.
- subscribe, to its costs, any insurance against all risks, generally any And àgrave; pay the taxes relating to the objects sold.
- notify SMEIA on time of any seizure or objections to the objects sold, indicating the names And address of the seizing party.
- inform SMEIA of any change in its residence.
- authorize, at any time, SMEIA or its delegates to examine the goods sold.
- bear all risks of loss or deterioration even in the event of force majeure, fortuitous event or act of others.
Article 10: warranty: New products sold by SMEIA benefit from the warranty of their respective manufacturer under the conditions provided for in the vehicle booklet given to the customer.
Any part of the new vehicle sold by SMEIA recognized as defective And eligible for the warranty clause will be repaired or replaced by SMEIA And this, at any time; free title. Under no circumstances shall the customer
may claim the replacement of the vehicle sold or the termination of its sale.
SMEIA not being a manufacturer of the BMW or MINI brands, therefore its responsibility cannot be sought for any damage that may occur to persons or things resulting from visible or invisible defects that may exist in the goods sold.
only the manufacturers of said brands may be held liable for said damage.
Article 11: retermination of the contract: in the event of breach of the'think andeur àgrave; the any particular conditionsùres And of these general conditions, as in the case whereù he would comeà he would come'one of the situations foreseen by law And initiating the is requiredé immediate of any dAndte to; terms, SMEIA aura at the facultyé by reterminate the sales contract And also within 3 days formal notice by lAndtre recommended:
- either proceed with the imm paymentédiat of all installments remaining due, the b end of the term éso lost,
- either take back the goods objAnd of the present an invoice, all sums towardséis remaining définally acquired
to SMEIA.
Article 12: clause relating to; data protected at Characteristicsère personal: The information collected by the companyété Smeia are subject to destiny treatmenté to customer management, data recipientséare (the taxes, banks, companies&étés; customer satisfaction studyèthe, internal use Andc.).
In accordance with; the law° 09-08 promulgated by the Dahir 1-09-15 of 18 February 2009, relating to; the protection of natural persons & agrave; with regard to data processingées à; Characteristicsère personal, anyone concernedée by said treatment b&bénéarea of'a right of'accès And rectification of information concerning them, qu'she can exercise in s'addressing to Mr. Amine Mimouli, Head of BMW-MINI Customer Relations Management Section (email address: [email protected]).
For legitimate reasons, any person concerned may be opposes what gives them ées that concerns her do the'objAnd d'a treatment .
This treatment has éyoué notifiedé and authorizedé by the CNDP under the receipt/ of the permission n° ….of .../../….
Article 13: confidentiality obligations clause and securityé : In order to guarantee secrecy, the securityé and confidentialityé dare giveéare, Smeia and the Customer'engage àgrave; :
- take allare pre-bonds useful, in order to preserve the safetyé dare giveéare, especially empêDear.
-
- don't deal with the dataéare only within the scope of the instructions and the'authorization reçuare.
- only process information'wholeèonly and exclusively within them and within the framework of the'exepr executionéfeel.
- dare treatments carried out as part of the entrusted mission.
- do not use the servicare d'a subcontractor, except whether the latter is préally and exprareséskillfullyé by SMEIA and acts under its controlôthe and its rare responsibilityé, as part of'a contract submittedà validation foréavailable from SMEIA and enabling'ensure the rarespect of the obligations subscribed.
- rarely observes their obligation of secrecy, security and confidentiality, the occasion of any operation and remote maintenance, carried out within their premises or any companyéyoué involved in the processing.
- dare giveéare treatéare.
- take all measure to'empêexpecuritynsive any use of
- procaresélast, à; the end of the commercial transaction, àgrave; the destruction of dataéare, computer filareés or manuals, appearing on any medium.
Furthermore, Smeia and the Customer prohibit themselves:
- to disclose, in any form whatsoever, all or part of the information contained in computer filareés or manuals, or appearing on any medium transmitted or concerning the information collected during the'exé for executionéfeel.
- d'use the media or documents that have éyoué trustés, by any means or purposeé whether on their behalf or on behalf of third party, à for profaresional, personal or private purposareéare other than those oféfinished by préfeel, all or part of the information contained on said media or collected by them during the'exepr executionéfeel.
- to make a copy or store, whatever'be its form and purposeé, all or part of the information contained on the media or documents which have éyoué trustés or collected during the'exepr executionéfeel.
Smeia and the Customer'engage:
- firstèask again for'other party&at; provide proof that'they have the organizational, technical and financial means to guarantee compliance and'effectivenaresé of the'obligation of secrecy, confidentialityé and sécurityyé déSultan of the prséel.
- cooperate in all circumstances involving the'obligation of secrecy, confidentialityé and sécurityyé.
- rificationallow realizationby them or any person mandated&e;by tharee last&erare and sub reserve only the verifiers are not direct competitors, in any way&erification he finds usefulà the performance of their obligations. Smeia and the Customer's commitment to cooperate in good faith and without reserve with the verifiers when they will be noticeéare of the realization of an audit.
- bring into œworks à Their costs and without dé I have all corrective measure are underlinedéare in the ratio of verification.
Smeia and the Customer acknowledge that'in the event of non-compliance with the obligations subscribed within the framework of the prefeel, their rareponsibilityé will be able êto be engagedée according to the provisions préseen by law 09-08 relating à the protection of natural persons & agrave; IéRegard to data procareséare à; personal character.
Article 14: applicable law and comp jurisdiction: prefeel general conditions subject to Moroccan law.
for all precurrent and future tensions rérareulting from commercial relations between SMEIA and the customer, including for créance repr&;
feelséare by effects or chèthat it is givené exclusively competence in the commercial courts of the place of ifèsocial age of SMEIA.
By exprares agreement, the effects, chèquare, acceptancare of r&ettlement or exp&cash on delivery operate neither innovation nor derogation à; this attributive clause of competence.
The attributive clause of competence above s'appliare not only to difficultiareés may come from the fact even from the sale, but éalso àgrave; those that may come from post facts such damage, depayment of bills or other, and this, even in case of disputare à agrave; perform by way of refer; or otherwise.
Article 15: miscellaneous: the fact that SMEIA doare not'not exercise'any of its rights under the genoteral preconditionsare or toleréa breach by the customer ààgrave; I'any of its obligations cannot êbe consideredéré thereafter as a waiver on his part & agrave; exercise this right or to execute said clause, and no waiver shall have effect only to the extent where it is made by written.
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