General terms & Conditions

These general terms and conditions of sale are entered into, on the one hand, by Côté Bougie Marrakech SARL, a limited liability company with a share capital of €220,000, whose registered office is located at Lot n°396, Q.I. Sidi Ghanem, 40000 Marrakech, Morocco, registered in Morocco under RC no. 25311, IF 6510346 and ICE 001534927000027; in France, a foreign company not registered with the RCS (Trade and Companies Register), SIRET 820 738 037 00010, intra-community VAT number FR73820738037, represented for tax purposes by AFC Représentation fiscale, 5 B avenue du Cep, 78300 Poissy, France; telephone: +212 5 24 33 57 64; email: contact@cotebougie.com; hereinafter referred to as “Côté Bougie Marrakech” and publisher of the website cotebougie.com, and, on the other hand, by any individual or legal entity wishing to make a purchase via the website cotebougie.com, hereinafter referred to as “the Buyer”.

The following definitions apply to these General Terms and Conditions of Sale, with the meanings set out below (whether used in the singular or plural):

· “General Terms and Conditions of Sale”: refers to this document, i.e., the terms and conditions governing the relationship between Côté Bougie Marrakech and the Client.

· “Order”: refers to the Client’s purchase order for one or more Product(s) placed through the Website.

· “Website”: refers to the website accessible at the address cotebougie.com, published by Côté Bougie Marrakech.

· “Product”: refers to any product offered for sale on the Website.

· “Client”: refers to any natural or legal person, whether a consumer and/or professional, who uses the Website and purchases one or more Product(s) for their personal use via the Website, having first agreed to the General Terms and Conditions of Sale.

· “Recipient”: refers to the natural person designated by the Client to receive the order.

Article 1. Purpose

These Terms and Conditions of Sale are intended to define the contractual relationship between Côté Bougie Marrakech and the buyer, as well as the applicable conditions for any purchase made through the website cotebougie.com.

Purchasing a product through this website implies the buyer’s full and unconditional acceptance of these Terms and Conditions of Sale, which the buyer acknowledges having read prior to placing an order. Before any transaction, the buyer declares, on the one hand, that the purchase of products on the cotebougie.com website is not directly related to their professional activity and is limited to strictly personal use, and on the other hand, that they have full legal capacity to agree to these General Terms and Conditions of Sale.

Only individuals with the legal capacity to enter into contracts regarding the products offered for sale on the Site may place an order on the website. When placing an order, the customer guarantees that they have full legal capacity to accept the General Terms and Conditions of Sale, place an order, and enter into a purchase agreement.

Any use of the website and any order placed for one or more products via the website implies full and unconditional acceptance of all provisions of the General Terms and Conditions of Sale.

Côté Bougie Marrakech reserves the right to modify these Terms and Conditions of Sale at any time, in order to comply with any new legal or regulatory requirements or to improve the user experience on its website. Consequently, the applicable terms will be those in effect on the date the order is placed by the buyer.

Article 2. Products

The products offered are those listed on the website cotebougie.com of the company Côté Bougie Marrakech, subject to availability. Côté Bougie Marrakech reserves the right to modify the product assortment at any time.

Each product is presented on the website with a description detailing its main technical characteristics (capacity, usage, composition, etc.). The photographs are as accurate as possible but are not binding on the Seller. The product photos displayed on the cotebougie.com website are as true to life as possible, but a perfect resemblance to the actual products cannot be guaranteed, particularly with regard to colors, as the products are handcrafted.

The sale of products listed on the cotebougie.com website is intended for all buyers residing in countries where the import of such products is fully authorized.

Article 3. Prices

For orders delivered in France, the prices of our products are indicated on the Website in euros, inclusive of all taxes (VAT included), excluding shipping costs (which will be specified when you choose your delivery method). They include Value Added Tax (VAT) and any applicable discounts under our promotional offers in effect on the day of your order.

For orders delivered to the United States, prices are displayed and charged in US dollars (USD), excluding French VAT. Any customs duties and import taxes are payable by the customer.

Côté Bougie Marrakech reserves the right to change its prices at any time; however, it is understood that the price listed in the catalog on the day of the order shall be the only price applicable to the Buyer.

The Customer acknowledges and accepts that product prices may vary between the Website and physical stores, and that under no circumstances may this price difference be used as grounds for a total or partial refund request (with the exception of the right of withdrawal, applicable under the conditions outlined below).

Please note that purchases eligible for VAT refunds must be made directly in-store. No VAT refund requests will be accepted for purchases made online.

Any change in the legal VAT rate will be reflected in the price of the products and services listed on the cotebougie.com Website, effective from the date stipulated by the corresponding implementing decree.

Article 4. Ordering and Payment Terms

You can order your favorite items directly from our website: cotebougie.com.

Product offers and prices are valid as long as they are visible on the cotebougie.com website, while supplies last. In the case of promotional operations, the original price, the discount, and the final price will be indicated. Occasionally, our products may be temporarily out of stock, in which case this will be indicated on the product page.

Ordering is simple!

· Select your items and add them to your cart. At any time, you can check the number of products in your cart and get detailed information about each of them by clicking on "Cart".

· After adding a first item to your cart, you can continue shopping by clicking on "Continue Shopping";

· Once your cart is finalized, click on "Checkout";

· Log in to your customer account, create one if you don’t have one yet, or continue as a guest;

· Choose your preferred delivery method and enter your shipping address;

· Select your payment method, read and accept the Terms and Conditions (T&Cs), and proceed with the secure payment of your order;

· Payment of your order implies full and unconditional acceptance of these T&Cs;

· Your order is confirmed! You will receive an email confirming your order.

By placing an order, you declare that you are at least 18 years old and have legal capacity (or, if you are a minor, that you have parental authorization to place the order).

Once your order has been prepared, you will receive an email notifying you of the shipment of your items. You will then be able to track the status of your delivery using the tracking information provided in the email. If you do not receive any emails (confirmation or shipping), you can contact us for further information.

We may be obliged to cancel your order for a legitimate reason, for example:

· If you were able to place an order for a product that has become unavailable in the meantime: we will inform you as soon as possible and refund the amount paid for the item as soon as possible;

· In case of a technical error during your payment;

· If a clear error appears on the product page (e.g., a mistake in the essential features or an obviously incorrect price);

· If we detect fraudulent or abusive use of your account or related orders;

· If we reasonably believe you have violated our T&Cs.

Payment for your order is made directly online via credit/debit card (CB, Visa, MasterCard, American Express) or PayPal. After your payment is confirmed by our payment service provider, your bank account or PayPal account will be charged the total amount of your order.

Please rest assured that all your transactions are secure and comply with applicable legal provisions: they are carried out with strict confidentiality and encryption of all your data by our payment provider. We never have access to your personal payment information, particularly bank card details, and we do not store them on our servers.

However, you may choose to save your payment information to your customer account for future purchases. To do this, simply check the “Save payment details” box at the time of payment. In this case only, our payment provider (and only them) will store your data in an encrypted format. You may delete the saved card either directly in your customer account under the “My payment options” section or by emailing our Customer Service.

If the buyer wishes to contact Côté Bougie Marrakech, they may do so either by post at the following address: Lot n°396, Q.I. Sidi Ghanem, 40000 Marrakech, Morocco; or by email at: contact@cotebougie.com, or by phone at: +212 5 24 33 57 64.

Article 5. Delivery and Shipping Fees

Deliveries are made to the address indicated on the order form, in the countries served by the Website: France, the European countries listed below, the United States, Canada and Mexico. The parcel tracking number is sent to the buyer by email.

Deliveries are carried out by Colissimo (home delivery or pick-up point) and FedEx (United States, Canada, Mexico), with tracking, within 5 to 6 business days. Delivery times are given for information only; if they exceed 30 days from the date of the order, the sales contract may be cancelled and the buyer refunded.

Shipping fees depend on the destination country, the delivery method and the order amount. They are displayed before the order is confirmed.

France (mainland France including Corsica, Monaco, Andorra)

Europe outside France – Colissimo home delivery (delivery is never free outside France)

For European Union countries outside France, except Belgium (shown including VAT above), shipping costs are shown excluding VAT: the VAT of the destination country is added, and the exact amount including VAT is displayed before you confirm your order.

For Switzerland and non-EU countries, fees are shown excluding taxes: VAT, customs duties and import taxes of the destination country, if any, are payable by the recipient.

Europe outside France – Colissimo pick-up point (Germany, Austria, Italy, Luxembourg)

United States, Canada, Mexico – FedEx: rates in US dollars (USD), delivery is never free

For the United States, Canada and Mexico, shipping fees are charged without VAT. Customs duties and import taxes of the destination country are payable by the customer.

The buyer will be delivered either at their home address or at the selected pick-up point chosen during the transaction. In the event of the buyer’s absence during a home delivery, a delivery notice will be left, allowing the buyer to collect their order at the nearest post office or pick-up point, within the time frame indicated by the postal services.

Côté Bougie Marrakech assumes the risks related to transport until the parcel is received by the Customer or the Recipient designated by the Customer. Upon delivery, the buyer must check the condition of the packaging and the contents of the parcel in the presence of the postal agent or delivery person. In case of damage during transport, any claim must be made to the carrier within three days of delivery.

Article 6. Retention of Ownership

Côté Bougie Marrakech retains full ownership of the products sold until full payment has been received, including the principal amount, fees, and applicable taxes.

Article 7. Right of Withdrawal and Returns

In accordance with Articles L221-18 et seq. of the French Consumer Code, the buyer has 14 days from receipt of their order to exercise their right of withdrawal, without having to give any reason.

To exercise this right, the buyer informs Côté Bougie Marrakech of their decision by email at contact@cotebougie.com or by using the withdrawal form available here, then returns the product(s) to the following address: Candelis – 6 rue Gutenberg – Parc d’activités de Tournebride, 44118 La Chevrolière, France. This return address applies whatever the delivery country, including Belgium and the United States.

Only new, unused products returned in their original packaging are accepted. Any product that is used, soiled or damaged will be sent back to the buyer and will not be refunded.

Return shipping costs are paid by the buyer. No restocking fee is charged. Exchanges are accepted.

Côté Bougie Marrakech refunds the price of the returned products and the initial delivery costs (on the basis of the least expensive standard delivery method offered) within 5 days of receiving the return. The refund is made using the payment method used for the order (bank card or PayPal account). A confirmation email is sent once the refund has been approved.

Article 8. Warranty

Our products are covered by legal warranties, specifically the legal warranty of conformity and the warranty against hidden defects. As the seller, we are legally bound to:

1.     Address any lack of conformity of the products you purchase, under the conditions provided in Articles L.217-4 and following of the French Consumer Code. The legal warranty of conformity applies when your product has a defect, such as when it does not perform the function it is normally intended for, or when it does not match the description provided;

2.     Address any hidden defects as defined by Articles 1641 and following of the French Civil Code. The warranty against hidden defects covers you when the product contains a defect that was not apparent at the time of sale and that makes the product unfit for its intended use or severely diminishes its usability.

Please note that these warranties do not apply in cases of product misuse or failure to follow the usage instructions provided with the product.

If you invoke the legal warranty of conformity, you:

· Have a 2-year period from the delivery date of the product to take action;

· May request repair or replacement of the product, subject to the cost conditions set out in Article L.217-9 of the French Consumer Code.

The legal warranty of conformity applies independently of any commercial warranty that may be offered.

You may also choose to invoke the warranty against hidden defects as defined in Article 1641 of the Civil Code. In that case, you may choose either to cancel the sale or request a partial refund, as stated in Article 1644 of the Civil Code.

Assuming responsibility for transport-related risks until the parcel is received by the Customer or the Recipient designated by the Customer, Côté Bougie Marrakech commits to delivering the products ordered by the buyer in sealed, durable packaging that is appropriate for the contents and suitable for transport conditions. Any product that is damaged or lost during transport will be replaced. This transport-related warranty only applies if the customer or recipient signs the delivery slip or shipping receipt provided by the carrier and includes clear, dated, and signed handwritten notes of any reservations. By signing the delivery slip or receipt without any reservation, the customer acknowledges that the parcel was received in good condition. In case of a dispute, the original packaging must be retained until the issue is resolved. Côté Bougie Marrakech recommends that the customer or recipient notify customer service by email at contact@cotebougie.com within 72 hours of delivery; after this period, no claims will be accepted.

All products supplied by Côté Bougie Marrakech are covered by the legal warranty provided in Articles 1641 and following of the Civil Code. In the event of non-conformity, the product may be returned to Côté Bougie Marrakech, which will either replace, exchange, or refund it. All claims, requests for exchanges or refunds must be submitted by email to contact@cotebougie.com within thirty days after delivery.

Article 9. Liability

Côté Bougie Marrakech, in the process of distance selling, is only bound by an obligation of means. Its liability cannot be held for any damage resulting from the use of the Internet network such as data loss, intrusion, viruses, service interruption, or other involuntary issues.

Article 10. Intellectual Property

All elements of the cotebougie.com website are and remain the intellectual and exclusive property of Côté Bougie Marrakech. No one is authorized to reproduce, exploit, or use any part of the site, whether in the form of photos, logos, visuals, or text, for any purpose whatsoever, even partially.

Article 11. Dispute Resolution

The General Terms and Conditions of Sale are governed by French law. In the event of a dispute, the Client may submit a complaint to Côté Bougie Marrakech Customer Service by email at contact@cotebougie.com or by phone at +212 5 24 33 57 64 in order to seek an amicable solution. Failing an amicable agreement between the Parties, the dispute will be submitted to the French courts, which shall have sole juridiction in the matter.