Politique d’expédition
Contractual Terms and Conditions for Sales and Article 13.80 Mandate Form
These terms and conditions are binding for the buyer, and the Article 13.80 Mandate Form defines the framework for the protection of the consumer. This document serves as a guide for remote suppliers who engage in distance selling. The topics covered in this document are drafted based on Article 13.80 of the Mandate Law, specifying the framework for consumer protection. The supplier may adapt these contractual terms and conditions for sales according to the nature of their business, provided that they do not violate the provisions of this Mandate. The supplier is also required to make it easy for the consumer to access and review the contractual terms and conditions electronically on their website. If these terms are drafted in a foreign language, they must be accompanied by a translation into Arabic. These contractual terms and conditions should be made available to the consumer through the supplier's electronic portal in a manner that allows them to retain and reproduce them.
Definitions:
- Supplier's Name and Trade Name
- Contact Information
- Registered Office
- Registration Number and Company Capital (if the online merchant is subject to commercial registration requirements)
- Tax Identification Number (if the online merchant is subject to Value Added Tax)
- License Number, Date, and Issuing Authority (if the online merchant's activity is subject to licensing regulations)
According to Article 92 of Mandate Law 13.80, the offer is extended to the consumer in the form of:
- Information about the main features of the product, goods, or service on offer.
- Price details, including any additional costs such as taxes, shipping, and fees.
- Terms of withdrawal and the right to return the product, goods, or service.
- Information about the warranty and the conditions for exercising it.
- Terms of contract termination if the contract does not specify a duration or its duration exceeds one year. The supplier shall provide the consumer with a written confirmation of either the contract renewal within a month of its end, or the non-renewal at the beginning of the specified period.
According to Articles 10 and 89 of Mandate Law 13.80, the supplier shall provide the consumer with the option to retract the contract within seven full days to exercise their right of withdrawal. In case of renewal, the supplier shall allow the consumer to retract within one month from the beginning of the specified period. If the supplier fails to fulfill their obligation to provide the consumer with the necessary information as stated in Articles 29 and 82 of Mandate Law 13.80, the consumer's right to withdraw is extended to a year. The retraction request must be made in writing, and the supplier must confirm the receipt of the request. The consumer shall return the product, goods, or service, and the supplier must refund any payments received, including return shipping costs, without delay and no later than fourteen days from the date of the retraction.
In case of disagreement, the consumer can contact the local competent authority or the competent authority where the supplier is located, or resort to an alternative dispute resolution mechanism, as specified by the Mandate. If the dispute is not resolved, either party may refer it to the competent courts. According to Article 919 of Mandate Law 13.80, the local court where the consumer resides or the court where the dispute arises shall have jurisdiction.
Please note that this translation may require further review and adaptation based on the specific legal context and requirements in the relevant jurisdiction.