Legal notices and conditions of use

Use of the website accessible at the address www. elmorjaneshop.com (hereinafter referred to as the “Site”) published by the company Europe HAA Limited, SARL with share capital of €8,000, registered in the Bobigny Trade and Companies Register under number 441 778 1079, whose head office social is located 11, allée du professor Monod – 93600 Aulnay-sous-Bois (hereinafter referred to as “EL MORJANE”) is subject to these general conditions of use (hereinafter referred to as the “T&Cs”). Any person accessing the Site is considered a user (hereinafter referred to as “User”). EL MORJANE and the User are hereinafter individually referred to as the “Party” and together the “Parties”. The Site is an online sales platform for food products.

The Site is published by the company EL MORJANE, VAT number intra-community: FR53 441 778 114, Telephone: +33 (0)1 43 85 21 14 – Email: contact@elmorjaneshop.com. The publication director of the Site is the legal representative of the company EL MORJANE.

OVH SASU RC Lille métropole 424761419, intracommunity VAT number FR22424761419, 2 rue KELLRMANN 59100 Roubaix, Telephone: +33 (0)9 72 10 10 07.

The purpose of the CGU is to define the rights and obligations of EL MORJANE and the User in the context of access to the Site and the use made of it.

Access to the Site and its use are subject to the T&Cs. The User declares to have read and expressly accepted the T&Cs by checking, at the time of registration, the box “I acknowledge having read the Conditions of Use of the Site, understand them and declare to accept them” reserved for this purpose.< br />Any access to and use of the Site constitutes express, full and unreserved acceptance of the T&Cs by the User. The User undertakes to use the Site in strict and absolute compliance with the T&Cs, in particular in respect of the intellectual property rights of EL MORJANE on the Site and the elements making up the Site.
EL MORJANE reserves the right to modify, at any time, all or part of these T&Cs. It is therefore up to the User to refer to each visit to the Site, to the latest version of the T&Cs available on the Site, at the following location: Legal notices. Any use of the Site after modification of the T&Cs constitutes pure and simple acceptance by the User of the T&Cs in force at the time of use of the Site.

Access to the Site by the User requires having a account (hereinafter referred to as the “Account”). To create an Account, the User must:
– Have a valid e-mail address and provide EL MORJANE with true and precise information (including title, surname, first name, full address, postal code, city , country, email, password, telephone number).
– Choose a password composed of at least 6 alphanumeric characters.
Each User can only have one Account. If EL MORJANE were to learn that the User has several Accounts, EL MORJANE will delete (except the most recent one) all of the User's Accounts under the conditions referred to in article 9.
The User is solely responsible for the activity of his Account. At no time should the User reveal the password of his Account to a third party, including to a third party who claims to be the owner of the Site, EL MORJANE never taking the initiative, for any reason whatsoever. , to contact the User to ask for their password. If the User reveals his password to a third party, whether another User or any other person, EL MORJANE may delete the User's Account under the conditions set out in article 9.
If the User loses his username and/or password, he must then contact EL MORJANE by clicking on the link “Lost password? » accessible from this page: “Log in”. After having followed all the instructions provided by EL MORJANE to obtain a new identifier and/or a new password, the User will receive on the e-mail address that they provided when creating their Account their new username and/or new password which he can subsequently personalize from the Site.

To have access to the Service, the User prohibits any behavior which could harm the image of EL MORJANE or one or more other Users. The content published by the User on the Site commits him in his own name and cannot bind, in any capacity whatsoever, EL MORJANE.
Thus more specifically, the User is prohibited from:
– To use a username or avatar that is vulgar, aggressive, offensive or even defamatory.
– To attempt to obtain information relating to their Account from another User, such as their username and/or password, or even information relating to their personal life.
– To publish on the Site offensive, hateful, racist, discriminatory, denigrating, obscene, vulgar, defamatory content, contravening a legal, regulatory or contractual provision or even encouraging reprehensible behavior under the law.
– To publish content on the Site that infringes the rights of third parties.
– To publish content on the Site that does not having no link with the purpose of the Site, and in particular promotional content, advertisements, or even carrying out any commercial solicitation.
More generally, the User is prohibited from:
– Usurping the identity of a third party, another User or even pretending to be an employee or representative of EL MORJANE.
– To resort to hacking, “spamming”, “fishing” , “flooding” (saturation) or any other malicious action against EL MORJANE and other Users.

The Site and the elements making up the Site, including in particular all texts, the graphic charter, data, software, illustrations, images, photographs, logos, icons, files available for download, audiovisual works and more generally any work whatsoever, represented and/ or reproduced on the Site, are protected by intellectual property law, namely copyright, the right of database producers, trademark law, design law and/or the right patents.
The Site and the elements making up the Site are and remain the full and exclusive property of EL MORJANE. The User acknowledges benefiting from a simple right of access and visit, non-exclusive and on a private basis, to the Site under the conditions strictly defined in the T&Cs and in no case any right of ownership over the Site and the elements making up the Site.
Access to the Site does not imply any license to use the Site and the elements making up the Site without the prior, express and written consent of EL MORJANE, or for the elements of which EL MORJANE is not the owner of its partners.
Unless prior, express and written authorization from EL MORJANE, any other use, in particular any reproduction, representation, adaptation, translation of the Site and/or the elements making up the Site , in whole or in part, by any process and on any medium whatsoever is strictly prohibited and constitutes an act of counterfeiting subject to legal proceedings and criminal and/or civil sanctions in application of the Intellectual Property Code and in general of the applicable legislation relating to intellectual property law.

The security of our customers' personal data is a priority for EL MORJANE.
EL MORJANE undertakes not to communicate this information to third parties other than service providers.
As part of the use of the Site, EL MORJANE is required to collect and process personal data of the User.
The collection and processing of the User's personal data is intended exclusively for EL MORJANE and its employees for the purposes of managing the commercial relationship and in particular the management of orders placed by the User on the Site, sending newsletters, responding to questions, requests or complaints from Users, collecting User opinions or establishing statistics.
EL MORJANE is the data controller and the recipient of the data. This data is not subject to any transfer to a third party. The personal data collected are kept for the period necessary for the proper management of the commercial relationship. In accordance with the regulations, including in particular, law no. 78-17 of January 6, 1978 known as the “Informatics and Liberties law” modified by the law of August 6, 2004 and Regulation (EU) no. 2016/679 of April 27, 2016, the User has a right of access, rectification, opposability, portability and deletion of personal data concerning him.
The User can exercise these rights by contacting one or the other of the following addresses:
– By e-mail: contact@elmorjaneshop.com
– By post by post: EL MORJANE – Europe HAA Limited – 11, allée du professor Monod 93600 Aulnay-sous-Bois.
In the event of exercising his right of opposition for the personal data available to EL MORJANE regarding him, and in the event that this data is necessary for the User to benefit from the products and services of the Site, the User is informed that he will therefore no longer be able to benefit from said products and services. The User may also, if necessary, lodge a complaint with the National Commission for Information Technology and Liberties (CNIL).
In the event of subscribing to the newsletter, the User may unsubscribe at any time from your personal account or upon simple request from the User.

Certain pages of the Site may use cookies, the purpose of which is to access information stored in the User's connection terminal, in particular to record information relating to the User's navigation on the Site, and to store information that the User entered during his connection.
The retention period of the information thus collected is thirteen months from the insertion of the corresponding cookie. The User has the option of opposing the recording of these cookies by configuring their browser.
However, we draw your attention to the fact that in this case, you may not be able to use all of the functions of the Site.

The Site may use “Google Analytics, a service web analysis software from Google Inc. (hereinafter referred to as “Google”). In this case Google also uses cookies. The information generated by cookies and relating to your use of the Site is generally transmitted and then stored on a Google server in the United States. If IP anonymization is activated on this website, however, your IP address will be shortened beforehand by Google within member countries of the European Union or in other signatory states to the agreement. on the European economic area. The full IP address will not be transmitted to a Google server in the United States before being shortened, except in exceptional circumstances. At the request of the Site Owner, Google will use this information to evaluate your use of the Site, to compile reports on Site activities and to provide the Site Owner with other services relating to use of the Site and the Internet. The IP address transmitted by your browser as part of Google Analytics will not be combined with other Google data. You acknowledge that EL MORJANE is not responsible for the personal data protection policy imposed by Google. You will find further information regarding the conditions of use and data protection at www.google.com/analytics/terms/ fr.html and on https://www.google.de/intl/fr_FR/policies/.

EL MORJANE reserves the right to suspend or delete the Account any User who does not comply with the T&Cs or applicable laws and regulations.
Any suspension or deletion of the Account will be notified to the User by email sent to the email address previously communicated to them by the User when registering on the Site.
Moreover, EL MORJANE reserves the right to hand over any contentious content to the authorities who request it in the event of a violation of a legal provision. In addition, EL MORJANE reserves the right to take legal action directly against the offending User in order to obtain compensation for any damage suffered by them as a result.

The User acknowledges having received all information from EL MORJANE allowing him to know the Site as well as its T&Cs and to appreciate the appropriateness of using the Site.
The use of the Site and/or any element or any information published on the Site is the exclusive responsibility of the User.
EL MORJANE is bound by a single obligation of means in the context of making the Site available and cannot in any way and under no circumstances be required to repair any possible direct and/or indirect damage and/or attributable material or immaterial damage of any nature whatsoever, resulting from the management, use, exploitation, interruption or malfunction of the Site.
Thus, EL MORJANE cannot be held liable under any circumstances, for any reason whatsoever and for any reason whatsoever, in particular due to:
– the inaccessibility of the Site or the interruption of access to the Site, particularly in the event of loss of data,
– the inaccuracy, obsolescence or incomplete nature of the information published on the Site,
– the possible transmission of a computer virus resulting from distribution via the Internet.
If EL MORJANE becomes aware of the existence of a malfunction or bug relating to the Site or one of its elements , or if informed by a User, then EL MORJANE will make its best efforts to correct these malfunctions or bugs.
Finally, in the event of use of the Site in violation of the T&Cs, the User will be solely responsible towards EL MORJANE for any harmful consequences that may result. EL MORJANE strives to maintain access to the Site for the User.
However, the User declares and acknowledges that: – the Internet network may experience periods of saturation due to bandwidth congestion , outages due to technical incidents or maintenance interventions, or any other event beyond the control of EL MORJANE,
– the technical performance of the Internet network as well as the response times for consulting, querying or transfer data are variable,
– data exchanges via the Internet network only benefit from relative reliability and are not protected in particular against the risks of misappropriation and piracy.
A In this respect, EL MORJANE informs the User that the Site is accessible via the following browsers: Firefox, Internet Explorer, Safari and Chrome. For optimal use of the Site, the User must have an updated version of the browsers mentioned above.
Moreover, EL MORJANE reserves the right to interrupt access to the Site at any time, in particular for purposes maintenance, security, updating, developments or any other purpose.
EL MORJANE is in no way responsible for the fact that access to the Site is interrupted or that the architecture of the Site is modified.

EL MORJANE strives to provide accurate information on the Site and updated.
However, EL MORJANE cannot guarantee the accuracy and/or timeliness of the content of the Site, as well as its adequacy with the needs of the User.
EL MORJANE reserves the right to modify the content of the Site at any time in order to update, modify or correct the content of the Site.
The Site may include hypertext links to other Internet sites. The User acknowledges that access and use of these sites and their content are their exclusive responsibility.
EL MORJANE cannot in any way be held liable due to the establishment of these links hypertexts and cannot under any circumstances be required to repair any direct and/or indirect damage and/or material or immaterial damage attributable to the use of these hypertext links, to access and use of these sites and their content.
EL MORJANE cannot be considered responsible for the content that may be posted by Users on the Site, such as photographs, hypertext links, comments, etc., the User being solely responsible for said content. the exclusion of any other person.

In the event that a stipulation of the T&Cs is declared invalid, void or inapplicable by a court or an arbitrator, this provision is modified in order to make it applicable and effective as closely as possible to what the Parties intended. If a court or arbitrator declares the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the other provisions of the TOU will not be affected.

The T&Cs constitute the entire, entire and exclusive agreement between the Parties with regard to the use of the Site and cancels and replaces any previous contract or agreement, whether written or oral, having the same subject.

EL MORJANE reserves the right to modify, complete or replace the stipulations of the T&Cs, with effect from the date the new T&Cs are put online on the Site, or by any other form of notification.

The failure of one of the Parties to invoke of a breach by the other Party of any of the obligations referred to in the T&Cs, cannot be interpreted for the future as a waiver of the obligation in question.

The CGU are subject to French law. In the event of a dispute over the interpretation, execution and fulfillment of any of the stipulations of the T&Cs, the User will contact EL MORJANE customer service with whom they will attempt to find an amicable solution. In the absence of an amicable settlement, the Parties grant exclusive jurisdiction to the competent court in the jurisdiction of the Court of Appeal of the domicile of EL MORJANE, notwithstanding plurality of defendants or appeal in guarantee, even for emergency procedures or precautionary procedures , in summary proceedings or by motion.

Last updated: 05/14/2023.