The terms defined below have, in these General Terms and Conditions (GTC), the following meanings:
Beneficiary: this refers to the person using Gift Card.
Gift Card : this refers to the document including the amount available to spend, the conditions of application, the place, the name of the Beneficiary, and the validity date. Gift Cards can be issued by collection in-store or by email.
Customer : this refers to the person who buys a Gift Card, and with the understanding that the Customer may or may not be the Beneficiary of the service based on whether he/she shall personally use the Gift Card or that it is intended for use by another Beneficiary.
The Gift Card must be printed in the case of delivery by email.
The Mor Thai Marrakech reserves the right to add to the list of Gift Packs available for sale or cease their distribution at its sole discretion and at any time.
Personal data:refers to all the information allowing, especially online, the direct or indirect identification of a natural person (surname, first name, email address) regardless of its support including the sound and the image.
Establishment: this refers to the company issuing the Gift Voucher who is responsible for the receipts, invoicing, delivery follow-up, conformity of the service and all the obligations related to the offer, and it is specified that it may have to subcontract part of the services provided in the Gift Pack to another provider.
CMI : this refers to the company responsible for the security and payment of banking transactions.
Service: this refers to the entire off represented by the Establishment to the Beneficiary. This is the service provided by the Establishment using the Console My Box® to the Beneficiaryfrom the selection of offersincluded on the Website, subject to the Establishment’s availability on the dates chosen by the Beneficiary.
Website: this refers to the Website https://morthai-marrakech.com
II-/ General Terms and Conditions (GTC)
The Establishment offers Cards to be ordered online with obligation of payment, developed under the URL: https://morthai-marrakech.com, SHIVAGO – Mor Thai Marrakech, with a share capital of 10 000 MAD, whose registered office is located at No.52,Noyer B Building,Ibn Sina Nourri Atlassi Street,Gueliz Marrakech, Morocco, registered on the RCS Marrakech under number 72087.
The Customer is invited to carefully read these General Terms and Conditions of Sale (GTC) which define the terms and conditions under which the sale of the Gift Card is made by Mor Thai Marrakech.
ARTICLE 1: APPLICATION AND OPPOSABILITY
All orders placed by the Customer involve his/her acceptance without reservation and full compliance with these GTC.
The Customer acknowledges having read the GTC prior to ordering.
These General Terms and Conditions of Sale there fore apply only to Gift Cards placed on the Website https://morthai-marrakech.com,or directly by telephone: +212(0)524207055, or at the SPA reception.
Mor Thai Marrakech reserves the right to modify these GTC at any time. In this case, the new conditions will apply to all new orders, as well as all pending transactions, from the date they are made known to the Customer by any method. These General Conditions of Sale are valid from 27.07.2020. They cancel and replace all previous versions of these conditions from this date.
The Customer declares to have the legal capacity in accordance with Article 03 and according to the Dahir on Obligations and Contracts.
1145 and following of the French Civil Code to contract and use the Website in accordance with the General Terms and Conditions of Sale and use of the Website.
The purpose of these GTC is to govern relations between Mor Thai Marrakech and the Customer, in addition to any written Contract and on all matters that have not been the subject of a written agreement, under the conditions provided for in Article 2 below.
These GTC take precedence over any other document issued by the Customer, including any Purchasing Conditions, except in the case of the Establishment’s prior express agreement. The fact that the Establishment does not prevail at a given moment in the Contract and/or these GTC shall not be construed as a waiver of the right to use them on a future occasion.
ARTICLE 2: CONTRACT FORMATION AND ORDERING PROCESS
The Customer places Gift card orders directly:
• Online by visiting the Website: https://morthai-marrakech.com,
• By telephone: +212(0)524207055
• At the SPA Mor Thai Marrakech
The ordering process on the Website consists of the following stages:
• Selection on the Website of one or several Gift Packs that are then added to the shopping basket;
• After selection, a summary called the “SUMMARY” is displayed, showing all choices made and the total price of the selected Gift Packs;
• The Beneficiary completes information for the Gift Card, then enters an optional personalized message;
• Selection of the delivery method and the delivery address;
• The shopping basket summary is displayed, allowing the Customer to check the detail of his/her order and then make any changes, then choose “confirm” while accepting the GTC.
• Payment validation by the Customer by bankcard via a secure interface generated by CMI . Once the payment is confirmed, the order is final and an order confirmation summarizing all the details relating to that order will be sent to the Customer;
ARTICLE 3: CONDITIONS OF USE FOR GIFT VOUCHERS
In the event that the Customer is not the Beneficiary of the Gift Card, he/she is invited to inform the Beneficiary of the conditions set out below.
The Gift Car is valid 1 year from the date of purchase. If it has not been used during the validity period ,Mor Thai Marrakech will not be responsible for any refund.
The Gift Card will be usable by the beneficiary or customer subject to availability according to reservations by Mor Thai Marrakech
The Customer acknowledges that the services of the Gift Card do not include transport to the Establishment.
The photographs presented in the Gift Cards are non-contractual. Any partial or entire reproduction is prohibited and may lead to legal proceedings.
ARTICLE 4: OBLIGATIONS OF THE ESTABLISHMENT
Mor Thai Marrakech declares to be the holder of professional indemnity insurance relating to the supply of the services and to possess all the authorizations and accreditations allowing it to exercise its activities on a regular basis and in conformity with the applicable legal and regulatory provisions.
ARTICLE 5: PRICES AND CONDITIONS OF PAYMENT
Mor Thai Marrakech reserves the right to modify its prices at any time, and it is specified that the price of the Gift Cards displayed on the Website is that in force on the day the order is placed.
In accordance with French tax code No. 2007/31 of 18 September 2007, the marketing of Gift Cards is not subjected to VAT in relations with consumers.
Payment for the order may be made by bankcard depending on the choice of cards offered on the payment method page, by indicating directly in the area designated for this purpose: the card number, its expiry date, as well as its Verification Code on the reverse of the card. The order amount will be debited from the bankcard on the day of the order. Mor Thai Marrakech reserves the right to suspend all order processing and all delivery in the event of non-payment or refusal of payment authorization from your bank. The Website allows the Customer to enter his/her bank details confidentially and securely when ordering (secure entry by SSL encryption).
ARTICLE 6 : PROOF OF ORDER/ARCHIVING
The Customer is expressly informed that, unless in the event of obvious error for which he/she must provide proof, the data stored in the databases of Mor Thai Marrakech has probative value as to the orders placed.
Data on a computer or electronic medium that is regularly maintained is admissible and enforce able evidence in the same terms and with the same probative force as any document that is received and kept in writing.
ARTICLE 7 : CUSTOMER SERVICE – COMPLAINTS
All information request by the Customer must be sent to Mor Thai Marrakech :
• By telephone to +212(0)524207055
• Via our Website at https://morthai-marrakech.com by clicking on the “Contact” section, or
• By registered letter with acknowledgement of receipt to the following address: Mor Thai Marrakech, No.52 Immeuble Le Noyer B, rue Ibn Sina Nourri Atlassi Gueliz Marrakech, Maroc.
ARTICLE 8 : CONTRACT INTEGRITY – CONTRACT AMENDMENT
The fact that Mor Thai Marrakech does not avail itself at one time or another of any of the clauses in these GTC shall not be interpreted as a waiver, for its part, to avail itself subsequently of one of the said conditions.
Any amendment, termination or abandonment of any of the clauses of the GTC will be valid only after express agreement and written validated between the Parties.
ARTICLE 9 : INTELLECTUAL PROPERTY RIGHTS
The brand of the Establishment and any figurative marks and more generally all other brands, illustrations, images and logos appearing on the Gift Cards , their accessories and their packaging, whether filed or not, are and will remain the exclusive property of the Establishment.
Any total or partial reproduction, modification or use of these marks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior agreement of the Establishment, is strictly prohibited and maybe appealed by the latter.
This also applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo. This also applies to any copyright, design, model and patent that are the property of the Establishment.
ARTICLE 10 : CONFIDENTIALITY OF PERSONAL DATA
All personal data collected by Mor Thai Marrakech, by any method whatsoever, is for the reserved use of the Establishment.
To exercise his/her rights, the Customer can contact the Establishment by e-mail at the following address: email@example.com
ARTICLE 11 : FORTUITOUS EVENTS OR FORCE MAJEURE
The execution by the Establishment of its obligations under the present GTC will be suspended in case of occurrence of a fortuitous event or force majeure in accordance with Articles 1218 and 1351 of the French Civil Code which would hinder or delay the execution.
The Establishment will notify the Customer of the occurrence of such a fortuitous event or force majeure within 45 days from the date of occurrence of the event.
When the suspension of the execution of the Establishment’s obligations continues for a period greater than 90 days from the confirmation of the date chosen for the completion of the service by the Establishment, the Customer may terminate the pending order and the Establishment will then refund the total amount of the order.
ARTICLE 12 : NULLITY
If any of the stipulations of the present GTC prove to be null according to a rule of law in force or of a judicial decision made definitive, it would then be considered not written, without causing the nullity of these GTC, and it will not affect the validity of the other provisions.
ARTICLE 13 : APPLICABLE LAW
The applicable law is Moroccan law for all disputes relating, in particular, to the validity, the interpretation, the execution or the cancellation of the present GTC and the related contracts.
ARTICLE 14 : COMPETENT JURISDICTION (SETTLEMENT OF DISPUTES)
The competent court will be the Commercial Court of Marrakech in the event of dispute between the traders and similar persons (companies, branches, etc.) and will be that of the defendant’s place of residence in the event of a dispute with a consumer or, at the choice of the applicant, the actual delivery place of the Gift Set in the other cases.