Terms and conditions

These General Conditions of Sale (hereinafter the “CGV ") apply to sales of products between the company Europe HAA Limited (hereinafter "EL MORJANE"), SARL with share capital of 8,000 euros, registered with the R.C.S. of Bobigny under number 441 778 107, and having its head office social at 11, allée du professor Monod 93600 Aulnay-sous-Bois, France and any consumer making a purchase for personal purposes (hereinafter the “Customer”) on the EL MORJANE merchant website accessible at the following address: elmorjaneshop.com (hereinafter referred to as the “Site”).
EL MORJANE and the Client are collectively referred to as the “Parties”.
EL MORJANE specializes in the sector of design and distribution of food products (hereinafter referred to as the “Products”).
The Client declares to be of legal age or holder of parental authorization and have the legal capacity to contract allowing him to place an order on the Site.
The Customer declares to have read and accepted the General Terms and Conditions as well as the General Conditions of Use of the Site , accessible on the Site.
The General Terms and Conditions are applicable to all our Products.
EL MORJANE reserves the sale of Products on the Site to Customers located in mainland France and Corsica as well as internationally. For orders over 30 kilos, please contact our Customer Service via the address contact us or by telephone at +33 (0)1 43 85 21 14.
Any order for Products on the Site implies that the Customer has read and expressly accepted the General Terms and Conditions by checking, at the time of registration, the box “I have read and accept the general conditions of sale” reserved for this purpose.
The Parties agree that their relations are governed by the General Terms and Conditions. These General Terms and Conditions may be subject to modification. Therefore, it is understood that the applicable General Terms and Conditions are those in force on the Site on the day the order is placed.

Product offers are valid as long as they are visible on the Site, except special operations whose validity period is specified on the Site. The Customer is invited to consult the availability of the Products on the information page of each Product.
EL MORJANE reserves the right to cease marketing any Product and/or to modify the characteristics of its Products at any time , without any notice and without this modification giving rise to the right to payment of any damages.

The prices displayed on the Site are indicated in euros and all taxes included, applicable in Metropolitan France and Corsica, the tax free is only intended for international markets.
VAT is applied at the rate in force on the day the Order is placed. The prices of the products displayed on the Site are exclusive of shipping costs.
These will be brought to the Customer's attention on the summary screen before final validation of the order and before any payment.

The Customer who wishes to purchase one or more Products offered for sale on the Site places an online order for the Product(s) he has selected (hereinafter referred to as the “Order”) and for which he will have previously received all the pre-contractual information.
Validation of the Order placed by the Customer on the Site is subject to compliance with the process described below:

On the Site, the Customer, after having read the all pre-contractual, technical and commercial information, selects, identification and quantity of the Products covered by the Order; these Products are added to their virtual shopping basket (hereinafter the “Basket”).
The Customer can freely modify the Basket, delete a Product initially selected, modify the quantities ordered or even add a Product.

The Customer who has completed his selection, validates the composition of his Basket.
The Customer also selects the delivery method of their choice as well as the delivery cost which is calculated by EL MORJANE before placing any order and before any payment.
The Customer checks the summary of the Order proposed to him by EL MORJANE.

EL MORJANE undertakes to acknowledge receipt of the Order by sending an email to the email address provided by the Customer at the time of the Order or registration on the Site. The Customer verifies the completeness and conformity of the information he provides during the Order, in particular the delivery address.
EL MORJANE cannot be held responsible for possible entry errors and the consequences thereof. arise.
The costs incurred for the reshipment of the Order would remain the responsibility of the Customer.
The Customer is fully informed that EL MORJANE can carry out the verification and analysis of the Orders placed.
EL MORJANE cannot also bear any responsibility in the event of embezzlement or fraudulent use of any means of payment which has not been detected by this verification procedure.
Confirmation of the Order sent to the Customer by EL MORJANE will be archived by EL MORJANE and considered as proof of the sale and in particular of its date, price, Products and quantities.
The Order is automatically archived by EL MORJANE and the Customer can have access upon simple written request.
Unless proven otherwise, the data recorded by EL MORJANE constitutes proof of all transactions between the Client and EL MORJANE.

The use of a promo code is subject to prior acceptance of the accessible General Conditions of Sale.
To use your promo code, all you need to do when making your new purchase is to indicate, on the summary page of your Basket, the code in the “Promo Codes” section. You will need to click on the “Validate” button for this voucher to be taken into account. The discount will be automatically deducted from the total price of your order.
Unless otherwise stated, promo codes are not refundable, cumulative, or split.
Promo codes cannot be converted under any circumstances in an amount refundable or payable to the Customer.
Promo codes usable on the Site can be obtained via the various commercial operations set up by EL MORJANE.

Only cash and online payment by transfer, credit card or PayPal is accepted by EL MORJANE.
The Customer expressly declares that he has all the necessary authorizations for the use of the bank card he uses to pay for the Order.
To use the means of PayPal payment, the Customer must hold an account with the PayPal company and the general conditions of use of the PayPal company will apply in addition to the General Terms and Conditions.

Orders are processed by the EL MORJANE logistics department within as soon as possible upon confirmation of the Order by the Customer. Delivery times depend on the shipping method chosen by the Customer.
EL MORJANE offers different delivery methods for Orders in mainland France and internationally, depending on the Customer's choice:
– Delivery in relay point;
– Delivery to an express relay point;
– Home delivery;
– Express home delivery;
During delivery, the Customer must carry out an examination of the physical condition of the package delivered as well as an examination of its contents, in the presence of the carrier. Any anomaly noted must be the subject of handwritten reservations entered on the carrier's delivery slip. The reservations must be clear and detailed, dated and signed by the Customer to avoid any dispute. No complaints for visible defects can be registered unless reservations are made upon delivery. The Customer must inform EL MORJANE within two working days of any incidents encountered and any reservations made.
In the event of the Customer's absence during delivery of the Order, the carrier leaves a calling card inviting the Customer to come and collect the Order at a specific address. The Customer has ten working days to take possession of their Order. Beyond that, EL MORJANE will consider that the Customer has exercised their right of withdrawal.

The Customer benefits from:
• the legal guarantee against hidden defects (hidden defects of the thing sold which makes it unfit for the use for which it is intended, or which reduces this use to such an extent that the Customer would not have acquired it, or would have only paid a lower price for it, if he had them known), the legal provisions of which are reproduced in the Appendix to the General Conditions of Sale.

1 – Legal guarantee of conformity
When it acts as a legal guarantee of conformity and as detailed in the Annex, the Customer:
• benefits from a period of two (2) years from the delivery of the Product to act;
• can choose between the repair or replacement of the Product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
• is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following delivery of the Product.
The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, the Customer can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code. As part of the legal guarantee of conformity if the Product ordered by the Customer presents a lack of conformity existing at the time of delivery, EL MORJANE undertakes:
• either to replace the Product with an identical product according to the available stocks,
• either to exchange the Product for a product of equivalent quality and price depending on available stocks,
• or to reimburse the price of the Product ordered within one ( 1) month following the Customer's request if replacement of an identical or equivalent product proves impossible.

2 – Guarantee against hidden defects
In case of hidden defects of the thing sold, the Customer can return the Product and have the price refunded or keep it and have part of the price returned.
These provisions do not exclude the right of withdrawal defined in article 9 below.

In accordance with the legal provisions in force (articles L.221-18 and s. Consumer Code), the Customer has a withdrawal period of fourteen days from the day of receipt of the Order, without having to provide a reason or pay any penalty, with the exception of return costs of the Order which remain his responsibility.
To exercise his right of withdrawal, the Customer can either complete the withdrawal form appearing in the appendix to the General Conditions of Sale or make this request by an unequivocal email to the following address: contact us.
The Customer has the possibility to contact EL MORJANE customer service by e-mail and/or by telephone at +33 (0)1 43 85 21 14, before the expiry of the period of fourteen days from the date of receipt of the Order by the Customer or a third party designated by him. In the case of an order for several Products delivered separately or in the case of an order for a Product made up of lots or multiple pieces whose delivery is spread over a defined period, the period runs from receipt of the last good or batch or the last piece.
The Customer undertakes to return or return the Product to EL MORJANE without undue delay and, at the latest, within fourteen days following communication of its decision to withdraw.
The Customer will bear the direct costs of returning the Product. The Customer's liability may be incurred in the event of depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product.
If the right of withdrawal is exercised, EL MORJANE will reimburse the Customer of all amounts paid, including delivery costs, within the legal period of fourteen days, in accordance with the provisions of article L. 221-24 of the Consumer Code.
In the event of exercise of the right of withdrawal on part of an order for Products, EL MORJANE will reimburse the Customer the amount of shipping costs in proportion to the total amount of the order.
EL MORJANE will make the reimbursement by bank transfer for this please send us a RIB (IBAN + BIC) by mail or by email to customer service.
EL MORJANE may defer the reimbursement until receipt of the products returned by the Customer or until receipt of proof of shipment of the products by the Customer, the date chosen being that of the first of these events.

EL MORJANE guarantees to the Customer that the Products are manufactured and packaged according to strict quality rules, and kept in accordance with the standards in force in France.
EL MORJANE cannot guarantee the quality of its Products if the Customer has not kept the Products in normal conditions or if the Customer has consumed Products beyond the minimum durability date (MDD) indicated on the packaging.

The security of our customers' personal data is a priority for EL MORJANE. EL MORJANE undertakes not to communicate this information to third parties. As part of placing its order, EL MORJANE is brought to collect and process personal data concerning the Customer.
The collection and processing of the Customer's personal data are intended exclusively for EL MORJANE and its employees for the purposes of managing the commercial relationship and in particular the management of orders made by the Customer on the Site, the sending of newsletters, the response to questions, requests or complaints from Customers, the collection of Customer opinions or the establishment of statistics.
For more For information on the management of your personal data and to exercise your rights, please consult our Data Protection Policy: CGV
EL MORJANE is the data controller and 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” amended 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 Customer can exercise these rights by contacting one or the other from the following addresses:
– By email: contact us
– By mail by post: EL MORJANE – Europe HAA Limited 11, allée du professor Monod 93600 Aulnay-sous-Bois France.
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).
EL MORJANE also informs the Customer that he has the right to register on the list of opposition to telephone canvassing mentioned in article L. 223-2 of the Consumer Code. To do this, the Customer must go to the site www.bloctel.gouv.fr.

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 possibly 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 patent law.
The Site and the elements making up the Site are and remain the full and complete property of EL MORJANE or its partners or service providers, on an exclusive basis.
The Customer acknowledges benefiting from a simple right of access and visit , non-exclusive and on a private basis, of the Site under the conditions strictly defined in the General Conditions and in no case any right of ownership over the Site and the elements composing the Site.
Access to the Site is not carries no license to use the Site and the elements making up the Site without the prior, express and written consent of EL MORJANE, or for elements of which EL MORJANE is not the owner, of its partners or service providers.
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 composing 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 the applicable legislation relating to intellectual property law.

In the event of a dispute relating to the General Terms and Conditions or the Order, the Customer will contact EL MORJANE customer service with whom they will try to find an amicable solution. In the absence of an amicable solution, the dispute may be submitted to consumer mediation. The parties, however, remain free to accept or refuse recourse to consumer mediation.
It is proposed to resort to the mediator set up by FEVAD, as described at the address below: www.fevad.com/mediation.
The solution proposed by the mediator is not binding on the parties. However, before resorting to the mediator, the Customer must first submit a complaint to customer service at this address: contact us.

Relations with the Client are governed by French law. Last updated: 05/14/2023.