TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF SALE
This version is applicable as of February 13, 2013

All orders placed by individuals with DABA Maroc SA, the exclusive Nespresso distributor in Morocco, a company with a share capital of MAD 11,300,000, domiciled at 3, Bd Ibnou Sina, 20 370 Maarif, Casablanca, CR 140377, whether in-store or remotely (by mail, telephone, fax, internet), for machines in the Nespresso Classic range as well as consumables and accessories dedicated to this range (hereinafter referred to as "the Products"), shall be subject to the present terms and conditions. A private individual is a natural person who uses the Products for their personal needs and those of their relatives.


A. PROVISIONS COMMON TO ALL SALES

1. Orders
1.1 The Products are offered for sale within the limits of available stocks.
1.2 The minimum quantity per order of coffee is set at 5 boxes of 10 capsules (50 Capsules Minimum per order).
1.3 DABA Maroc SA, retains ownership of the products delivered until full payment of invoices and reserves the right to suspend delivery in case of late payment and this until full settlement of the debtor account.
1.4 DABA Maroc SA, reserves the right to refuse an order or require advance payment, in case of arrears of invoice or insolvency.


2. Return and retraction right
2.1 In accordance with the provisions of Articles 36 and following of Law No. 31-08 enacting consumer protection measures, you have a right of retraction that you can use, without having to provide any grounds, within a period of seven (7) clear days following receipt of the items. In this context, you have the right to return the items delivered within this period, in their original packaging, in perfect condition and complete (accessories, instructions, warranty, etc.).
2.2 For health and safety reasons, only unused Products (machines and consumables), properly protected, in their original packaging, in perfect condition, suitable for resale, accompanied by any accessories, instructions and documentation as well as the corresponding invoice, will be returned. These conditions are cumulative.
2.3 Subject to the above, DABA Maroc SA will refund the price of returned products and delivery costs charged, if already paid, and this within 30 days from the date you exercise your right of return. The possible costs of reshipment will be at your expense.


3. Pricing, invoicing and payment
3.1 For any information concerning the prices of the Products, their characteristics and delivery costs, you may contact the Nespresso Stores, ask us by mail, by telephone or via the Nespresso website at the numbers and addresses mentioned on the website.
3.2 The prices invoiced inclusive of all taxes, excluding delivery charges, corresponding to the Products that you order, are those in effect on the day of the purchase when it takes place in a store, or of the transmission of the order in the case of remote sales.
3.3 Invoices are payable in cash before the Products are delivered.
3.4 The payment of the Customer's purchases is made by credit card. The accepted cards are Carte Bleue, Visa, Mastercard and American Express. Cards issued by banks domiciled outside MOROCCO must be international bank cards.


4. Delivery costs Unless otherwise specified, the delivery costs, amounting to MAD 48 inclusive of tax (anywhere in Morocco) are at your expense and included separately in the invoice. The delivery of the articles is made to the delivery address indicated by the Customer at the time of the order. Concerning the capsules, delivery is free for any order of 200 capsules minimum.


5. Terms of delivery DABA Maroc SA strives to ensure its deliveries throughout Morocco, within two working days of receipt of the order, at the address of your choice (home, office, second home, etc.). The delivery time is given as an indication and although the Company undertakes to make its best efforts to ensure that this time is respected, it cannot be held contractually responsible in the event of overrunning. In other words, a reasonable overrun (ten days) of the delivery time indicated shall not constitute grounds for termination or nullity of the sale concluded between the Customer and the Company.


6. Product Verification It is your responsibility to verify the number and condition of the Products upon receipt and, in case of damage or shortage, to make the usual reserves of use with the carrier and to inform DABA Maroc SA within 7 days of receipt (keeping the invoice and the signed delivery note). Nespresso will then provide you with identical replacement products or refund you.


7. Maintenance and after-sales service The routine maintenance of the machine and its cleaning are your responsibility. Given the technical characteristics of the machines and for safety reasons, repairs should be performed only by the after-sales service of DABA Maroc SA under the conditions specific to each machine. Accordingly, DABA Morocco SA will be exempt from any liability for any modification, repair, addition and / or replacement of spare parts on the machine by any other party than the after-sales service.

8. Machine warranty Nespresso brand machines are guaranteed (1 year maintenance and repair), according to the conditions transmitted at the time of purchase, without prejudice to the legal guarantee of hidden defects as provided for by articles 549 to 575 of Dahir dated August 12, 1913 forming the code of obligations and contracts.


9. Data protection guarantee
9.1 DABA Maroc SA shall not transfer your personal data or make them available to third parties in any form whatsoever, with the exception of companies of the Nestlé Group, its subcontractors and its suppliers of satisfaction surveys, which shall use them on a one-off and confidential basis. Such data shall be processed by DABA Maroc SA and Nespresso in strict compliance with applicable laws and its personal data protection policy as published on the www.nespresso.com website.
9.2 The prices invoiced inclusive of all taxes, excluding delivery charges, corresponding to the Products that you order, are those in effect on the day of the purchase when it takes place in a store, or of the transmission of the order in the case of remote sales.


10. Evolution of the general terms and conditions DABA Morocco SA reserves the right to modify at any time these terms and conditions by publishing a new version that will be applicable to any order placed after its first posting on the site www.nespresso.com.


11. Applicable law and jurisdiction Any dispute relating to the execution of an order and / or interpretation of these terms and conditions, is subject to Moroccan law. In case of dispute relating to the interpretation or execution of agreements between you and DABA Maroc SA, the competent court will be, at the option of the plaintiff and in accordance with the law, either that of the place where the defendant resides, or that of the place of actual delivery of the product or products, or that of the place of performance of the service.


B. SPECIFIC PROVISIONS APPLICABLE TO DISTANCE SALES


1. Application scope These provisions concern sales of Products concluded by mail, telephone, fax and Internet or, more generally, by any remote communication technique, it being specified that in order to improve the quality of our relations with our customers and the reliability of orders, telephone conversations may be recorded.


2. Placing orders You can place your orders:
- by phone: on 0801 00 77 02 / 03 / 04 (economic numbers)
- by mail: to DABA Morocco - Nespresso, 3 Bd Ibn Sina, 20370 Maarif, Casablanca.
- by fax: 05 22 79 12 12
- by internet : on www.nespresso.com


3. Minimum quantity The minimum quantity for each coffee order by distance selling is fixed at 10 cases, or 100 capsules.


4. Delivery The costs and terms of delivery are specified in articles 4 and 5 above. However, delivery is free for any order placed by internet equal or superior to 200 capsules.


5. Payment methods
Payments can be made by credit card, direct debit, bank transfer or check, specifying your customer number and/or invoice number.


6. Complaints For all complaints relating to the Products and/or after-sales service, you may contact the Nespresso Club whose coordinates are mentioned above (under the "Placing orders" section).