General Conditions of Sale
Article 1 : Purpose and general provisions
These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the sale of Products offered by the website www.marea-zooma.com. These General Terms and Conditions of Sale (GTC) apply to all sales of Products made by the Company which are an integral part of the Contract with the Buyer. MAREA reserves the right to modify these at any time or adapt them according to the market concerned. The GTC applicable then are those in force on the date of the order during the period of validity of the prices indicated or the special conditions indicated on the invoice or order form. The Customer declares to have read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer is suitable for his needs. The Customer declares that he is able to legally contract under the laws in force or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by MAREA constitutes proof of all transactions.
Article 2 : Price
The prices of the products sold are indicated in Ariary or in euros depending on the country. They are also indicated in the corresponding currency on the product quote, and excluding specific shipping costs. For all products shipped outside Madagascar, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of MAREA. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). MAREA therefore invites the buyer to inquire about these aspects with the corresponding local authorities. MAREA reserves the right to modify its prices at any time for the future.
Article 3 : Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on MAREA's quotes. The customer certifies having received a breakdown of the delivery costs as well as the terms of payment, delivery and execution of the contract. Where applicable. MAREA undertakes to honor the Customer's order within the limit of available Product stocks or by definition of a delivery date agreed with the customer. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of Products as well as their prices is specified on MAREA's quotes. Unless special conditions apply, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided).
Article 4 : Retention of title clause
The products remain the property of MAREA until full payment of the price.
Article 5 : Delivery terms
MAREA undertakes to send the customer's order to the delivery person and/or carrier within the timeframes displayed on the order confirmation following confirmation thereof. It cannot be held responsible for any delay in delivery due to the unavailability of the customer, the delivery person or the carrier or any other cause not being its fault (bad weather, strikes, etc.).
Any delivery outside Antananarivo will be invoiced according to the weight of the products and the place of delivery, each time communicated to the customer for validation and support. other possible costs.…)
Shipping and insurance costs will be calculated by the carrier and communicated to the customer for confirmation and payment prior to any shipment.
If the carrier allows it, the transport and insurance costs may be paid by the customer upon receipt of the package. However, the package will only be handed over to the carrier on the condition that the customer has paid for the items and the delivery costs to the carrier's office.
Article 6 : Availability and presentation
Orders will be processed within the limits of our available stocks or subject to available stocks from our suppliers or with a delivery time validated by both parties.
Article 7 : Payment
Validating the order implies the customer's unconditional commitment to pay the price indicated as well as the various costs (delivery, transport, taxes or others...) relating to the order. The items ordered remain the full property of MAREA until the order and the various costs relating thereto have been fully paid.
The final payment conditions systematically appear at the bottom of the invoice and are those which prevail over any other provision.
Article 8 : Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of MAREA. No transfer of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.
Article 9 : Force majeure
The performance of MAREA's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. MAREA shall notify the customer of the occurrence of such an event as soon as possible.
Article 10 : nullity and modification of the contract
If one of the provisions of this contract were to be cancelled, this nullity would not entail the nullity of the other provisions which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.
Article 11 : Applicable law
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, will be subject to Malagasy law. Under the Malagasy Code of Civil Procedure, the judicial resolution of any dispute that cannot be settled amicably will be the exclusive jurisdiction of the territorially competent court.