GENERAL CONDITIONS OF SALE OF SERVICES ON THE INTERNET

*Preamble*

The general conditions of sale described below detail the rights and obligations of Sarl Légendes Berbères and its client in connection with the sale of its services.

Any service performed by Sarl Légendes Berbères therefore implies the buyer's unreserved acceptance of these general conditions of sale.

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*Article 1 - Principles*

These general conditions concern the provision of services provided between professionals (provider / buyer).

These general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale prevail over any other document, and in particular over all general conditions of purchase. They apply, without restriction or reservation, to all services rendered by the service provider to purchasers of the same category.

The service provider and the buyer agree that these general conditions exclusively govern their relationship. The service provider reserves the right to modify its general conditions from time to time.

They will be applicable as soon as they are put online.

If a condition for the provision of services were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in Morocco.

These general conditions of sale are communicated to any buyer who requests them, in order to allow him to place an order.

The supplier reserves the right to derogate from certain clauses of the present, according to the negotiations carried out with the buyer, by the establishment of particular conditions of sale.

The service provider may, in addition, establish categorical general conditions of sale, derogating from these general conditions of sale, depending on the type of buyer considered, according to criteria which will remain objective. Buyers meeting these criteria will then be subject to these categorical general conditions of sale.

These general conditions of sale are applicable until December 31, 2030.

*Article 2 - Content*

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of the services offered by the service provider to the buyer. They relate to the following services: reservations for excursions and organized tours, bivouacs, treks, homestay activities and overnight stays in guest rooms.

These conditions concern services carried out in Morocco, for buyers located on French territory. For any buyer located outside France, it should be reported to obtain a specific quote.

*Article 3 - The order*

The buyer places his order online, from the online catalog and using the form on the site.

For the order to be validated, the buyer must accept, by clicking on the place indicated on the site, these general conditions. Its acceptance will result in the sending of a confirmation email from the service provider, in accordance with the conditions described below.

Payment is made either by bank transfer (to an account in euros or dirhams), or by bank check (in euros or dirhams), or in cash on site at the local agency (euros or dirhams).

Any order implies acceptance of the prices and descriptions of the services offered.

In certain cases, in particular non-payment, incorrect address or other problem on the buyer's account, the service provider reserves the right to block the buyer's order until the problem is resolved.

If it is impossible to carry out the service, the buyer will be informed by e-mail.

The cancellation of the order for this service and its possible reimbursement will then be made, the rest of the order remaining firm and final.

For any question relating to the follow-up of an order, the buyer must call +33 677 57 79 76 (France) / +212 608 73 22 07 (Morocco), open 24 hours a day.

*Article 4 - Signature of the order*

The final validation of the order will be worth proof of the buyer's agreement and will be worth:

-  payment of sums due under the purchase order;

-  signature and express acceptance of all operations carried out.

*Article 5 - Order Confirmation*

The contractual information will be subject to confirmation by  by e-mail at the latest within 72 hours after the purchaser's order or after receipt of the deposit, if applicable.

*Article 6 - Proof of the transaction*

The computerized registers, kept in the service provider's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

*Article 7 - Information on benefits*

The services governed by these general conditions are those which appear on the service provider's website and which are indicated as carried out by the service provider or under its control. They are offered within the limits of the service provider's availability.

The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the service provider cannot be held liable.

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* Provider staff *

By virtue of the hierarchical and disciplinary authority that he exercises exclusively over his staff, the latter will remain under the effective control of the service provider during the complete performance of the services.

In the event of an intervention on the premises of the buyer, the service provider undertakes to respect the obligations in terms of health and safety, the content of which the buyer will communicate to him, provided that his staff is granted identical protection. to that granted to the service provider's employees.

The service provider guarantees the regularity of the situation of its personnel with regard to articles L. 1221-10 and following and L. 3246-1 and following of the labor code. The service provider also certifies that it complies with the provisions of articles L. 8221-1 and L. 8221-2 of the labor code, relating to the fight against concealed work, as well as with the provisions of Book III, Title IV of the labor code.

During the term of the services and for a period of one year after its completion, the buyer agrees not to solicit or attempt to poach (or help any other person to solicit or attempt to poach) any employee of the service provider with which he will have had contacts within the framework of the performance of the services. In case of violation, the buyer will be liable to the service provider, as a penalty clause, for compensation equal to one year of the last gross salary of the person thus debauched.

*Article 8 - Price*

* Calculation *

Unless otherwise agreed, the price of the services is established according to the number and experience of the personnel required, the level of competence and responsibility required; hourly rates are revised periodically. Will also be invoiced, if applicable, the travel, subsistence and accommodation expenses incurred for the performance of the services. VAT at the current rate is added, where applicable, to the fees and disbursements.

Delays or other unforeseen problems, over which the service provider has no control and which are beyond its control, may result in additional fees which may be subject to additional invoicing. The service provider undertakes to inform the buyer of these delays and/or problems as soon as they occur in order to be able to assess the consequences with him. Invoices will be issued corresponding to the services provided and disbursements incurred on a provisional basis and as they are carried out.

Unless otherwise agreed, invoices are issued upon validation of the order.

* Late penalties *

In accordance with the law, any delay in payment obliges the service provider to invoice late payment penalties. The rate of late penalties is established on the basis of the legal minimum rate; moreover, the late debtor will be required to pay the service provider a lump sum compensation for recovery costs of 40 Euros; moreover, the service provider will be entitled to suspend the performance of the services until full payment of the unpaid invoice without this non-performance being considered as attributable to it.

* Deposit *

Any order, as defined above, gives rise to the payment of a deposit calculated according to the following terms: 50% of the total price of the invoice to be paid at least 10 days before the start of the service by bank transfer (optional European or Moroccan account). Except in cases of force majeure (pathology drastically limiting any travel and/or prohibiting flying (on proof), death in the family (on proof) or pandemic), any cancellation of the order by the buyer beyond a period of 7 days before the scheduled delivery date of the service, cannot give rise to the reimbursement of this provisional deposit.

* Discount *

In the event of full payment by the buyer before the payment date appearing on the invoice or within a period less than that mentioned in these general conditions of sale, no percentage discount will be granted to him.

* Price reduction *

The buyer benefits from the discounts and rebates listed in the service provider's prices, according to the following conditions:

    * Decreasing prices according to the number of people (conditions on the price list of the site according to the formula chosen)  ;

  * All services are half price for children between 5 and 12 years old and free for children under 5 years old, including for organized tours.

These services cannot be separated from the purchase and sale operations, according to the terms determined by mutual agreement between the parties, during the commercial negotiation, depending on the nature and volume of the services rendered.

*Article 9 - Methods and terms of payment*

* Rules *

Payment of invoices is due  in full before the start of the service. The buyer has the choice to pay the entire invoice  : either in cash on site (euros and dirhams accepted) before the start of the service, or at least 2 days before the start of the service, by bank transfer to the service provider's account (choice of European or Moroccan account). The buyer also benefits from the possibility of mixing the mode of payment at his convenience, respecting, if necessary, the conditions of time mentioned above.

In the case of a down payment obligation or a deliberate choice by the buyer to pay the order in full before delivery, the method of payment will be agreed between the two parties after validation of the order. The service provider will communicate his bank details to the buyer who will proceed to the transfer upon receipt of the RIB.

The service provider reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment.

In particular, the service provider reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. . The service provider has set up an order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the buyer may be asked to send the service provider a copy of an identity document and proof of address by email. The order will then only be validated after receipt and verification by the service provider of the documents sent.

* Term payment *

The price is payable in full before starting any service according to the conditions and deadlines mentioned above. This period will be mentioned on the invoice sent to the buyer.

* Late payment *

Any delay in payment will result in the immediate payment of all sums due to the service provider by the buyer, without prejudice to any other action that the service provider would be entitled to bring, in this respect, against the buyer. .

*Article 10 - Response times*

Except in cases of force majeure or during closing periods clearly announced on the home page of the site, the response times will be, within the limits of the service provider's availability, those indicated below. The execution times run from the date of registration of the order indicated on the order confirmation email.

The deadline is 2 working days from the day following that on which the buyer placed his order.

In case of delay, the responsibility of the service provider cannot be engaged, and this, for any reason whatsoever. Consequently, no claim for compensation, of any nature whatsoever, can be claimed by the buyer.

In case of unavailability of the service provider to perform the service, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the possibility of requesting reimbursement of the sums paid within 30  days at the latest from their payment.

*Article 11 - Methods of implementation*

The realization is started only after confirmation of the payment by the banking organization of the person receiving benefits.

It is provided within the time specified on the order form, from the receipt by the service provider of the order form.

In the event of non-compliance with the payment conditions listed above, the seller may suspend or cancel the service.

The service is carried out at the address indicated by the buyer on the order form. The buyer must ensure its accuracy. Any trip in pure loss of the service provider because of an incorrect or incomplete address will be invoiced to the buyer. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

The buyer will make sure to give access to the service provider, in particular if he is not personally present on the day of the performance of the service.

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*Article 12 - Obligations of the service provider*

The service provider's commitments constitute an obligation of means at the end of which the services will be performed in strict compliance with the professional rules in use as well as, where applicable, in accordance with the conditions of the contract. To do this, the service provider will assign to the performance of the services professionals with the skills required to ensure their implementation in accordance with its quality standards.

*Article 13 - Obligations of the buyer*

In order to facilitate the proper performance of the services, the buyer undertakes:

  * to provide the service provider with information and documents that are complete, accurate and within the necessary timeframes without it being required to verify their completeness or accuracy;

  * make decisions on time and obtain the necessary hierarchical approvals;

  * to appoint a correspondent with decision-making power;

  * to ensure that the key contacts and the correspondent are available throughout the performance of the services;

  * to notify the service provider directly of any possible difficulty relating to the performance of the services.

*Article 14 - Information and publicity*

The buyer acknowledges and accepts:

  * that the parties may, unless otherwise expressly requested by the other party, correspond or transfer documents by e-mail circulating on the Internet;

  * that none of the parties exercises control over the capacity, reliability, access or security of these emails;

  * that the service provider cannot be held responsible for any loss, damage, expense or prejudice caused by the loss, delay, interception, misappropriation or alteration of any electronic mail caused by any fact whatsoever. In general, the parties undertake to comply with the regulations applicable to the protection of personal data and in particular the provisions of law 78-17 of January 6, 1978 relating to data processing, files and freedoms.

*Article 15 - Intellectual Property*

In the event that one of the service provider's recommendations or the use of items delivered following one of its recommendations would involve the use of goods, models, drawings, photographs, etc. subject to intellectual property rights belonging to third parties, the service provider will inform the buyer of the existence of these rights and the consequences of their use. It will then be up to the buyer and under his sole responsibility to take any measure allowing the use of such rights, in particular by negotiating on his own behalf the rights of use under conditions such that the service provider is able to prevail for benefit purposes.

For the specific needs of the services, the service provider may use or develop software, including spreadsheets, documents, databases and other IT tools.

In some cases, these aids can be made available to the buyer and at his request. Insofar as these tools have been developed specifically for the needs of the service provider and without consideration of the buyer's own needs, they are made available to the buyer for the duration of the contract as is and without any guarantee. attached, for simple use; they must not be distributed, shared or communicated to third parties, whether in whole or in part. This temporary provision will not entail any assignment of rights or guarantee, whatever the title, for the benefit of the buyer or that of the third party.

The service provider reserves all right, title and interest in:

  * the original elements appearing in the works, documents, memos, consultations, opinions, conclusions or other procedural acts, carried out within the framework of the services, including without limitation, any copyright, registered trademark and any other right intellectual property relating thereto;

  * all the methods, processes, techniques, developments, and know-how incorporated or not in the services or that the service provider may develop or provide as part of the services.

The purchaser may, without geographical limitation, free of charge and irrevocably, use internally and for the duration of protection by copyright, the elements designed by the service provider and integrated into its work. The buyer agrees not to distribute, market, and more generally to make available or to license the use of these same achievements and more generally to license the use of these same elements to third parties without the agreement of the service provider.

Neither party may mention or use the name, denomination, trademarks and logos or other designations, commercial or otherwise, of the other party without the prior written consent of the latter. Notwithstanding the foregoing, the service provider may use the buyer's name, denomination, trademarks and logos during the course of the contract to the extent that is strictly necessary for the performance of the services, including in proposals for subsequent services. In addition, the purchaser authorizes the service provider, at the end of the performance of the services, to quote his name/denomination as a reference and to accompany this quote, if necessary, with a generic description of the services performed.

*Article 16 - Documents*

The service provider will keep the original documents that will have been given to him, and will return them to the buyer, at his request. All documents, data or information provided by the buyer will remain his property.

The service provider will keep a copy of the only documents necessary for the constitution of his work files.

The working documents prepared within the framework of the services are our property and are covered by professional secrecy.

*Article 17 - Independence*

In the event that a conflict of interest or a problem of independence arises during the performance of the services, the service provider will immediately inform the buyer and will seek with him the solution best suited to the situation in the compliance with applicable rules. More specifically, if a change in the regulations or professional standards prohibits the service provider from continuing its services, it will make available to the buyer the result of the services as well as all documents necessary for their finalization, including its documents in the state, in order to facilitate prosecution by a third party.

*Article 18 - Liability of the service provider*

The full liability of the service provider and that of its employees relating to any failure, negligence or fault, noted during the performance of the services, will be capped at the amount of the fees paid for the services in question, in order to cover claims of any kind (interest and costs included), regardless of the number of actions, grounds invoked, or parties to the disputes.

This provision shall not apply to any liability for death or personal injury, or to any other liability which the law forbids to exclude or limit.

The service provider's liability can only be incurred in the event of proven fault or negligence and is limited to direct damages to the exclusion of any indirect damages of any nature whatsoever.

Furthermore, the service provider cannot be held liable in the following cases:

  * following a breach or deficiency of a product or service whose supply or delivery is not the responsibility of it or its possible subcontractors;

  * for facts and/or data which do not fall within the scope of the services, and/or which are not an extension thereof;

  * in the event of use of the results of the services, for a purpose or in a context different from that in which it took place, erroneous implementation of the recommendations or lack of consideration  account of the service provider's reservations.

The service provider is not liable for its insurers or for consequential damages, or for loss of profit or loss of opportunity or expected profits, or for the financial consequences of any actions brought by third parties against the buyer.

*Article 19 - Warranty*

The service provider guarantees the buyer against any lack of conformity of the services and any hidden defect arising from a defect in the design or supply of said services, excluding any negligence or fault on the part of the buyer.

In any case, in the event that the liability of the service provider is retained, the service provider's guarantee would be limited to the amount excluding tax paid by the buyer for the provision of the services.

*Article 20 - Transferability and subcontracting*

The service provider reserves the right to assign all or part of the performance of the services to service providers meeting the same qualification requirements.

If the service requires special technical skills, the service provider will inform the buyer of the possibility of subcontracting part of it. The subcontractor will then act under the sole responsibility of the service provider and will undertake to keep confidential all the information of which it becomes aware during the services.

*Article 21 - Complaints*

All complaints, whether amicable or legal, relating to the performance of the services must be made within one year of the end of the performance of the service.

*Article 22 - Right of withdrawal*

The remote purchase concerns a service of leisure activities (excursions and organized tours, bivouacs, treks and homestay activities) and/or accommodation (guest rooms) whose date is specified in the purchase . In this case, there is no need to apply the right of withdrawal provided for by the Consumer Code.

*Article 23 - Force majeure*

All circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as causes for exemption from the obligations of the parties and lead to their suspension. The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

*Article 24 - Partial non-validation*

If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.

*Article 25 - Non-waiver*

The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.

*Article 26 - Title*

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

*Article 27 - Protection of personal data*

_* Data collected *_

The personal data collected on this site  are the following :

*account opening: when creating the user's account, his name; first name ; email address ; Phone Number ;

*connection: when the user connects to the website, the latter records, in particular, his surname, first name, connection data, use, location and payment data;

*profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number;

*payment: as part of the payment for products and services offered on the website, the latter records financial data relating to the user's bank account or credit card;

*communication: when the website is used to communicate with other members, the data concerning the user's communications are subject to temporary storage;

*cookies: cookies are used as part of the use of the site. The user has the option of disabling cookies from their browser settings.

_* Use of personal data *_

The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. Specifically, the uses are as follows:

-  access and use of the website by the user;

-  management of the operation and optimization of the website;

-  organization of the conditions of use of the Payment Services;

-  verification, identification and authentication of data transmitted by the user;

-  offering the user the possibility of communicating with other users of the website;

-  implementation of user assistance;

-  personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;

-  prevention and detection of fraud, malware (malicious software or malicious software) and management of security incidents;

-  management of any disputes with users;

-  sending commercial and advertising information, based on user preferences.

*_ Sharing personal data with third parties _*

Personal data may be shared with third-party companies in the following cases:

-  when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;

-  when the user publishes publicly available information in the free comment areas of the website;

-  when the user authorizes the website of a third party to access his data;

-  when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data. staff ;

-  if required by law, the website may transmit data to respond to claims against the website and to comply with administrative and legal procedures;

-  if the website is involved in a merger, acquisition, sale of assets or receivership procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party.

_* Security and privacy *_

The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.

_* Implementation of user rights *_

In application of the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by making their request to the following address: contact@legendesberberes.com

  * The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy.

  * The right of rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.

  * The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.

  * The right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided by the GDPR.

  * The right to object to the processing of data: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.

  * The right to portability: they can claim that the website gives them the personal data provided to them to transmit them to a new website.

_* Evolution of this clause *_

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.

*Article 28- Applicable law*

These general conditions are subject to the application of French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute. The parties undertake to seek an amicable solution to any dispute that may arise from the performance of the services. If they do not succeed, the parties will submit the dispute to the competent commercial court.