General Terms of Sales

Preliminary article

The following general conditions of sale govern all the transactions established on the web catalog of The Swarmers. Any order placed on this site implies the customer’s unconditional and irrevocable acceptance of these conditions.

The Swarmers sarl – Morocco (hereinafter referred to as “The Swarmers”) sells Fatima’s Garden products internationally.

The Swarmers is setting up a network of distance selling online of certain products.

The list of articles Fatima’s Garden proposed in the context of distance selling is available on the website www.fatimasgarden.com .

The system thus set up, which implies an active approach on the part of the customer, is in all respects in line with the requirements for distance selling and, in particular, Articles L. 111-1, L.113-3 And L. 121-18 et seq. Of the Consumer Code.

It is specified that The Swarmers does not carry out any telephone solicitation of its customers or prospects, and consequently the provisions of the Consumer Code applicable to door-to-door sales, in particular Articles L. 121-21 et seq. 121-27 of the Consumer Code, are inapplicable to the relevant transactions of these general conditions of sale.

The use of the distance selling process in these General Terms and Conditions of Sale for commercial purposes, sale and jurisprudence, exclusively for their own account.

Article 1: Scope

The present contract is a remote contract whose purpose is to define the rights and obligations of the parties in connection with the sale of the products of The Swarmers on the Internet through the e-commerce platform: www.fatimasgarden.com a service and trademark registered by The Swarmers SARL .

1.1 Subscribing to the sale by telephone, any sale of articles of The Swarmers through the Customer Relations department set up by The Swarmers is concluded under the resolutive condition of acceptance of these conditions General sales by the customer.

1.2 With regard to electronic sales (Internet), the customer declares that he has read and accepted the general conditions of sale before placing his order. The validation of its order therefore constitutes acceptance without restriction or reservation of the present general conditions of sale.

In accordance with the provisions of article 1369-1 of the Civil Code, these general conditions of sale may be retained by any person visiting the website www.fatimasgarden.com , by means of a computer recording and can otherwise be reproduced By the customer, by means of their printing. In the event that, after the date of their removal from the www.fatimasgarden.com website, these general conditions of sale remain nevertheless accessible to the public via other websites or by any other means, they are not yet More Opposables to the company The Swarmers.

Article 2: Identification of the offeror

In Europe : 

BLUE TIT
ID number : 82785885300019

In the US : 

SWARMERS SARL
EIN 98-1361987
D-U-N-S Number 354163247

In Morocco : 
The Swarmers SARL
RC: 28649 ; IF: 76148375 ; TP: 49260632 ; CNSS: 4079762 ; ICE : 1700342000090 EACCE : 6857

Tel: (+212) 638876677
Website: www.fatimasgarden.com
E-Mail: contact@fatimasgarden.com

Address:

Article 3: Information on articles

Information about all The Swarmers items that can be sold through the Customer Relations Department of The Swarmers is available, with their references on the website www.fatimasgarden.com.

This information complies with the requirements of the legal and regulatory texts in force, in particular Articles L. 111-1 and L.113-3 of the Consumer Code and the Ministerial Decree of 3 December 1987 Consumer information on prices “.

Article 4: Orders of Articles

4.1 Telephone Orders

Orders are received in French or English by the Customer Relations Department of The Swarmers by phone and this from abroad (from Monday to Saturday, from 9:30 am to 7:00 pm, except Holidays.

4.2 Internet Orders

Orders can also be placed through the Internet on the merchant website accessible from www.fatimasgarden.com. The customer shall bear the costs of telecommunication when accessing the Internet and using the www.fatimasgarden.com website.

The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind the company The Swarmers. Customers can obtain additional information by contacting the Fatima’s Garden Customer Relations Department.

In the event of a manifest error between the characteristics of the articles and their representation, The Swarmers can not be held responsible.

In order to be able to buy a product at the time of its first order, the customer can open a customer account and fill in an order form specifying certain mandatory fields so that his selection can be taken into account by The Swarmers.

In case of prolonged inactivity during the connection it is possible that the selection of the articles chosen before this inactivity is no longer guaranteed. The customer will be invited to resume his selection of products from the start.

All the steps necessary for the sale will be specified on the website www.fatimasgarden.com in accordance with the provisions of article 1369-1 of the Civil Code.

Pursuant to the provisions of article 1369-2 of the Civil Code, the customer will be able to verify the details of his order and the total price before validating his order definitively and to correct any errors before Confirm its acceptance. From the moment the customer has validated his order, The Swarmers will acknowledge receipt of this order without delay and electronically.

However, the sale will only be considered final after sending the customer confirmation of the order by The Swarmers, specifying the shipping of the items. Only shipping items will be charged with shipping costs.

4.3 Refusal of orders

In accordance with the provisions of Article L.122 1 of the Consumer Code, The Swarmers will be entitled to refuse any abnormal or past order in bad faith.

In addition, The Swarmers will be entitled to refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

Article 5: Price of articles

The price of the items is all excluding tax and shipping.

The HT price of each item that the customer would like to acquire, as well as the amount of transport costs related to their delivery, will be communicated to him either when he calls the Customer Relations Department of The Swarmers or when connecting to Website www.fatimasgarden.com .

In accordance with the provisions of article L.121 19 of the Consumer Code, the customer will receive, at the time of delivery, for each item, the written confirmation of the price paid detailing the price of the items and the delivery charges made to him charge.

Article 6: Payment Methods

To settle your order, you choose the payment method among those offered by The Swarmers at the payment page level.
In this case, the delivery of the transaction to debit your account is made within one day after the date of delivery confirmation.
Your Multi-Channel payments are secured by the Interbank Monetics Center (MIC), which offers a fully secure payment service.

The Consumer guarantees the Company The Swarmers that it has the necessary authorizations to use the method of payment chosen by it, when validating the Purchase Order.
In the case of payment by credit card, the provisions relating to the use fraudulent means of payment provided for in the agreements concluded between Consumer and the card issuer between The Swarmers Company and its bank apply.

Article 7: Delivery

A- The products are delivered to the address indicated by the customer via the order form. The shipping costs will be communicated after the validation of the order, according to the weight of the package and its destination.

B- The client must verify the completeness and the conformity of the information that he provides. The latter can not be held responsible for any errors of seizure and the consequences in terms of delay or error of delivery. In this context, all expenses incurred for the redirection of the order will be entirely at the customer’s expense.

C- “The Swarmers” can not be held liable for delays in delivery due to errors or disturbances attributable to the carriers (total or partial strike in particular of the postal services and means of transport and / or communications). To check the condition of the packaging of the goods on delivery and to report the damages due to the carrier within 48 hours from the date of receipt of the parcel.

D- An e-mail is sent to the customer to inform him of the departure of his package.

E- In the case of late delivery of more than three days from the date indicated in the shipping mail, we suggest checking with your post office that the parcel is not pending ( Parcels which can not be delivered at home are available to the customer in his post office for 15 days, after which they are returned and, if necessary, notify us by mail or by sending us a Mail and we will contact the Post Office to start an inquiry.A Post inquiry may take up to 21 business days from the date of the inquiry and if the product is found within this period it will be redirected immediately to your home If the product is not found after the deadline of 21 business days, Swiss Post considers the package to be lost, and it is only at the end of this period that we can send you back one Replacement product If the ordered product (s) were no longer available at that time, we would refund the amount of the product (s) concerned by the carrier’s loss.

NB: the delivery of the products is ensured throughout the world by the Post office of Morocco.

Article 8: Satisfaction or refund – right of withdrawal and return of the articles

The Swarmers understands that those of its customers who are not satisfied with the items ordered can exercise the right of withdrawal provided for in Article L. 121-1 of the Consumer Code under the best conditions.

Thus, the customer can return the delivered items within seven days of the date of delivery, in their original packaging, complete (accessories, notice …) and accompanied by the return voucher carefully filled out and a copy of the invoice, to the following address :

The Swarmers SARL :

It will be up to the customer to provide proof of return, which assumes that the items must be returned by registered mail, or by any other means giving certain date, the costs and risks of return remaining the responsibility of the customer.

The refund of the items returned to the invoiced price will be made, according to the method of payment of the articles, by transfer to the bank account of the customer, within thirty days of the reception, by the company The Swarmers, of the returned articles.

Items returned incomplete, damaged, dirty or soiled by the customer will not be refunded.

Article 9: Exchange

Items returned incomplete, damaged, deteriorated or soiled by the customer will not be exchangeable. In case of exchange of articles, the initial sale will be resolved. The payment of the new sale will be made by offsetting with the amount of the previous sale, it being understood that any overpayment will be the object either of a credit in favor of the customer or of a re-credit on the bank card Of the client or to the customer’s bank account provided that the customer resumes contact with the Customer Relations Department.

In case of exchange of articles via the Customer Relations Department, the new sale will be subject to these general conditions of sale.

Article 10: Compliance – Warranty

The customer must ensure that the items delivered to him correspond to his order. In the event that the delivered items do not conform to his order, the customer must inform the Customer Relations Department of The Swarmers and return the items in question.

Article 11: Intellectual Property Rights

The “Fatima’s Garden” mark, as well as all figurative and nonfigurative marks and more generally all other marks, illustrations, images and logotypes appearing on Fatima’s Garden articles, their accessories or their packaging, whether deposited or not , Are and will remain the exclusive property of The Swarmers.

No part of this site may be reproduced or transmitted in any form or by any means without the prior written consent of The Swarmers. The same shall apply to any combination or conjunction with any other mark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same shall apply to all copyrights, designs and patents which are the property of The Swarmers.

Article 12: Disputes – Applicable Law

These general conditions of sale are subject to Moroccan law. In case of difficulty occurring during the ordering or delivery of Fatima’s Garden items, the customer will have the possibility, before any legal action, to seek an amicable solution, in particular with the help of a consumer association Or any other counsel of his choice.

Any dispute that may arise from the interpretation or the execution of the present general conditions of sale and its consequences will be subject to the exclusive competence of the Moroccan commercial courts.

14. Proof of transactions paid by credit card

The data recorded by the CMI on the Multi-channel payment platform for the account of The Swarmers constitute proof of all the commercial transactions between you and The Swarmers.

15. Force majeure

The Swarmers shall only be liable for the performance of its obligations where no event of force majeure hinders them.

16. Klarna Payment Methods

In order to offer you Klarna’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna’s own privacy notice.