GENERAL CONDITIONS OF SALE AND SERVICES
Professional customers
Update of 02/15/2019
ARTICLE 1 – GENERAL CLAUSES
These general conditions apply to any order of products or services (excluding rental) placed by a professional customer with the company DrStone SARL, RCS of Beni Mellal n ° 2718533, in store, online on the website https: //www.drstone.ma/, by email or by fax.
The customer's general conditions of purchase cannot cancel all or part of these conditions which therefore remain, except for specific conditions expressly agreed between the parties, only valid and applicable in the relationship between the customer and our company.
The fact that one of the parties does not take advantage at a given time of any of these conditions cannot be interpreted as a waiver to take advantage of them later. The cancellation of a clause of these conditions will not affect the validity of the conditions as a whole.
ARTICLE 2 – ORDERS
2.1 The sales or services of our company may be the subject of an offer, an estimate or a contract (hereinafter referred to as "special conditions"). The special conditions issued by our company are valid for thirty (30) days from their issue. The benefit of the special conditions is strictly personal to the customer and cannot be transferred without the agreement of our company.
2.2 The customer's order is taken into account upon receipt of its voucher for the customer's agreement. This voucher for agreement may in particular consist in the return by the customer by email or by post of the special conditions duly signed and stamped or in the validation of his order on the website. Once the order has been sent to our company, no total or partial cancellation or quantitative or qualitative modification can be made without the written consent of our company. Such modifications could, in the event of express acceptance, lead to an adjustment of prices and execution times, in addition to compensation for any damage suffered by our company. In the event of cancellation, the compensation may not be less than the amount of the canceled products or services.
2.3 Our company reserves the right, as an independent company, to subcontract all or part of the customer's order.
ARTICLE 3 - PRODUCTS
3.1 Our company takes the greatest care in communicating information relating to the essential characteristics of products and services, in particular by means of technical descriptions from its partners and suppliers and photographs illustrating the products. The photographs taken on the Site are not contractual. In any event, our company cannot be held liable for any changes or errors concerning the description of the characteristics of the product purchased, unless, however, the essential characteristics of the product or service are affected.
Given the specificity of certain products marketed, our company draws the attention of Customers to its Site in particular with regard to their conditions of use, applicable regulations, authorizations, etc. in particular concerning the use of drones:
The use of a drone is subject to specific rules and legislation. Beyond the rules of common sense and respect for the safety of goods and people, as well as privacy, which prohibit the overflight of any public place, physical persons or animals, it is necessary to ensure that you have all authorizations, diplomas, insurance or approvals relating to the use of your equipment in accordance with the law. You can find all the information relating to these provisions in Order No. 386-15 of February 6, 2015 published in Official Bulletin No. 6337 of February 23, 2015, on the government website of the Ministry of Industry, Investment, Commerce and the Digital Economy.
Regarding the use of Lithium batteries:
Lithium batteries must be used in special conditions and according to the manufacturer's recommendations. It is necessary to use a specific charger/balancer for Lithium batteries (Lithium-Polymer or Lithium-Ion). It is imperative never to charge a battery at more than 4.20V per cell (8.40V for a 2S, 12.60V for a 3S, 16.80V for a 4S, etc...). In the same way, a battery should never be excessively discharged, ie beyond 3.00V per element, under penalty of permanently damaging it, or worse, starting a fire. It is therefore essential, if you are using a device not equipped with a charge detection system (video transmitter/receiver type, return screen, glasses, LEDs, etc.), to monitor the discharge level of your battery. Finally, to be able to expect maximum life from your batteries, it is recommended to let them rest and/or cool down for about two hours after discharging before recharging them. Any battery that has been used outside of these recommendations, showing signs of shock, swollen cells, or replaced original connector, will not be covered by the warranty. It will be the same for any battery whose date of purchase will have exceeded 3 months (except for DJI batteries, for which the guarantee is extended to 6 months after the date of purchase or 200 charges).
The Customer is invited to read carefully and to scrupulously respect the notices systematically attached with the products sold. In the absence of notice, upon delivery, our company undertakes to communicate it to the Customer upon simple written request.
In any case, the use of the products will be carried out under the sole responsibility of the Customer. Under these conditions, the Customer is required to maintain the product in good condition, to use it in accordance with its intended purpose, in particular by respecting the applicable provisions, the prescriptions given by DrStone and the manufacturer. In this respect, the Customer is advised not to make any modifications to the product, install accessories, ancillary parts or any other non-compliant devices on the product. The Customer undertakes to use the products in accordance with the regulations in force and to respect all of its legal obligations. DrStone can in no way be held responsible for defects and deterioration of the products delivered following abnormal or non-compliant use after the delivery of these products.
3.2 The products are, unless expressly specified by DrStone, new products. They are offered for sale within the limits of available stocks and supply possibilities from DrStone's suppliers. The availability of the products is confirmed to the Customer before his order confirmation.
ARTICLE 4 – PRICE – PAYMENT CONDITIONS
4.1 The prices charged are those in effect at the time of signing the special conditions. They are stipulated excluding taxes and excluding transport costs and any additional costs, the VAT being that in force at the time of invoicing.
4.2 Unless otherwise agreed between the parties, invoices are payable in cash. No discount is granted for early payment. In case of deterioration of the financial situation of the customer, our company reserves the right, even after partial execution of an order, to require guarantees. The client expressly undertakes to notify our company of any financial difficulty, in particular in the event of the threat or implementation of enforcement measures.
ARTICLE 5 – EXECUTION – DELIVERY – RISKS
5.1 Delivery or execution times may be indicated in the special conditions. If applicable, they do not run from receipt of the customer's written acceptance of the special conditions and payment of the deposit. These deadlines are indicated as exactly as possible but are determined in particular according to the supply possibilities of our company. In any case, they are only given as an indication, except express and written commitment of our company on firm dates. Thus, time overruns cannot give rise to damages, withholding or cancellation of orders in progress, except for serious misconduct on the part of our company. In general, our company undertakes to inform the client as soon as possible of any difficulty that may be encountered in the performance of the obligations entrusted to it.
5.2 Our company is authorized to carry out its deliveries or services in whole or in part.
5.3 Delivery and the transfer of risks take place upon receipt of the products by the customer when the carrier is mandated by our company; or when the products are made available at the place referred to in the special conditions when the customer is responsible for transport. It is up to the customer, in the event of damage or missing items, to make all the necessary observations on the delivery document and to confirm these reservations by registered letter with acknowledgment of receipt to the carrier within three (3) days of receipt of the products. , and by sending a copy of this letter to our company, without prejudice to the provisions to be made under article 7.1 hereof.
5.4 In all cases, the customer is required to ensure receipt of the products and services. He must therefore be present or represented at the place and day of the reception. In any case, the signature of any person present on the day of receipt is deemed to bind the customer who must organize himself accordingly. In the absence of compliance with this clause, no dispute can be accepted.
ARTICLE 6 – CUSTOMER OBLIGATIONS
6.1 All of our company's commitments can only be carried out in close collaboration with the customer and according to the information communicated to it by the latter. The customer thus contracts with regard to our company an obligation of information and undertakes in particular to send it any document or useful information allowing the fulfillment of its obligations. This information must be sufficiently explicit to allow our company to carry out its obligations in accordance with the needs of the client. The client also undertakes to make every effort to facilitate its availability with regard to our company, in order to allow the latter to perform its obligations under the best conditions.
6.2 It is up to the customer to check that the product or service ordered is suitable for its purpose or the use it wishes to make of it. The customer undertakes to use the product as a professional with care in accordance with its destination. He thus undertakes to use and/or store and/or resell the products or services in accordance with the regulations in force and to respect all of his legal obligations, our company can in no way be responsible for defects resulting from abnormal or non-compliant conditions of use, storage, conservation, maintenance or even resale… after their reception.
6.3 If during the execution of the contract, the customer is asked by our company to give his agreement, he must give his answer as soon as possible, the execution period being suspended until this agreement is obtained. In the absence of a response within this period, our company cannot be held responsible for an overrun or for changes in the conditions of execution of the order.
6.4 If during the execution of the contract, the customer requests from our company a quantitative or qualitative modification of the order, such a request will be subject to an adaptation of prices and execution delay ; our company can not be held responsible for a delay or changes in the conditions of execution of the order following additional requests from the customer.
6.5 Our company can in no way be held responsible for errors attributable to the customer or finding their source in the information or documents transmitted by the customer, such as the harmful consequences of any decision taken by the customer or by a third party designated by the latter. Likewise, our company cannot be held responsible for the projects or decisions that it has submitted to the client and for which it has obtained his agreement.
6.6 In the event of non-compliance with the customer's contractual obligations, our company reserves the right to suspend the performance of its obligations, after formal notice. In this case, a delay in the delivery or the performance of the obligations due to a breach by the customer cannot, by express agreement, give rise to compensation for the benefit of the customer.
ARTICLE 7 – RETENTION OF OWNERSHIP
The products remain the property of our company until full payment of the price in principal, costs, interest and accessories by the customer. However, the risks are transferred upon receipt of the products by the customer. In any case, the products in stock with the customer will be presumed to be those unpaid. In the event of resale of the products by the customer either in the state or after transformation, the customer undertakes to transfer to our company the price paid by the sub-purchasers up to the price of the products remaining to be paid. In the event of non-payment, our company, without losing any other of its rights, may demand by registered letter with acknowledgment of receipt the return of the products at the expense and risk of the customer. The customer will also bear any legal and judicial costs.
ARTICLE 8 – GUARANTEES – LIABILITY
8.1 Our company undertakes to carry out, in accordance with the laws and regulations in force in Morocco, the obligations defined in the special conditions. Our company undertakes not to interfere in the commercial choices of the customer. Our company cannot guarantee the impact of its interventions on the customer's turnover. The customer remains responsible for the means he uses and which are neither supplied nor made available by our company.
8.2 Without prejudice to the arrangements to be made vis-à-vis the carrier, complaints about possible defects or non-conformities of the products or services must be made under the following conditions._cc781905-5cde-3194 -bb3b-136bad5cf58d_
With regard to apparent defects or non-conformity of the products or services delivered with the products or services ordered, beyond the copy of the reservations formulated with the carrier that the customer must send to our company within three (3) days of the receipt, the customer has a period of seven (7) calendar days from receipt to make his complaint to our company by registered mail with acknowledgment of receipt.
With regard to hidden defects, complaints must be made within seven (7) days of the discovery of the defect and in any case within twelve (12) months of receipt of the products in question, with our company by registered mail with acknowledgment of receipt.
It is up to the customer to provide any justification as to the reality of the defects or non-conformities noted. He must allow our company every facility to proceed with the observation of these defects or anomalies.
It is recalled that the customer has no right of withdrawal. Any product return must therefore be motivated and in any case be subject to the express agreement of our company. The products are returned by the customer, at his expense and risk. In the event of non-compliance with this clause, no dispute may be accepted.
In the event of a product defect due to our company, the latter may, at its option, either replace the product, or repair it, or finally reimburse the customer in whole or in part.
The customer is reminded that our company does not provide any other guarantee.
8.3 Any liability of our company is excluded if the defective operation results from normal wear and tear of the product, from intervention by the customer or a third party on the product (modification, incorporation, repair, etc. .); a breach of the recommendations for use of the products that may be provided, and/or of the specific regulations relating to the products sold; in the event of non-compliance with the conditions of use, storage, preservation, maintenance, etc.; in the event of malicious acts by customers or third parties; or if the defective operation results from force majeure as defined below.
Our company's liability is also excluded in the event of non-compliant or inappropriate use of the product or in the event of the product's inadequacy to meet the specific needs of the customer not expressly accepted by our company when ordering.
8.4 When the responsibility of our company is engaged following a proven fault on its part, the repair only applies to direct, personal and certain damages that the customer has suffered to the express exclusion of compensation for any damages and/or indirect and immaterial damages, such as financial damage, damage to image, production losses, etc. The amount of damages and interest that our company may be required to pay in the aforementioned conditions is in any case limited to the price of the products or services in question, as defined in the special conditions. The parties agree that this clause is accepted taking into account the price negotiated between the parties and in view of the foreseeable damages of the customer in the event of our company's fault.
8.5 A party can not engage the responsibility of the other party and its obligations would be suspended in the event that a case of force majeure occurs. Force majeure means any event making it either impossible or manifestly more difficult to perform an obligation due to the unforeseeable or irresistible or external nature of this event, these three criteria being alternative such as wars, riots, fires, floods, total or partial strikes, paralysis of road or other transport routes, interruptions in the supply of energy, blockages of telecommunications and computer networks, change in regulations, delays or failure in the intervention of external partners such as suppliers or subcontractors of our company... as well as any other event considered by law or case law as a case of force majeure. Each party may terminate the contract in question by registered letter with acknowledgment of receipt in the event that a case of force majeure continues for more than 30 days. Our company must then be duly paid for all deliveries and services made and costs incurred in the performance of its obligations.
8.6 In order to cover their responsibilities, the parties undertake to take out civil liability insurance and damage insurance for the execution of these presents and to justify at any time to the other party of the existence of the insurance policy and payment of premiums.
8.7 Special cases
Special cases of drones:
The causes of a fall of a drone can be numerous and subject to interpretation, DrStone may, if necessary, request the prior agreement of the manufacturer to judge its proper care. In the case of a drone being taken under warranty, DrStone will offer the Customer a replacement of the defective parts, but does not guarantee the cameras, accessories, nacelles, landing gear or any other accessory which may have been damaged in the fall, but not forming a direct part of the product. In any case, the product must imperatively be returned to DrStone according to its prior agreement.
Special case of camera accessories:
As in the case of drones, if DrStone's liability were to be retained for a camera attachment or accessory (example: camera pole), this applies strictly to the product in question and does not extend to the adjoining camera.
Specific cases of batteries:
Batteries being wear items whose lifespan is clearly linked to their conditions of use, DrStone grants the Customer a contractual guarantee of 3 months from their purchase (except for DJI batteries, for which the guarantee is extended to 6 months after the date of purchase or 200 charges), valid in Morocco.
ARTICLE 9 – INDEPENDENCE – NON-POLICATION
9.1 The parties will perform this contract independently and will be personally responsible for all obligations and formalities resulting from their activity and, in particular, administrative, social and tax obligations and formalities. The staff of our company, responsible for performing the services, will remain under their hierarchical and technical responsibility.
9.2 The customer undertakes not to solicit the personnel of our company assigned to the performance of the services, and beyond for one year from the end of the relationship between the parties, whatever be the motive. In the event of violation of this clause, the customer will be liable for compensation corresponding to twelve (12) months of the gross salary of the employee concerned.
HASRTICLE 10 – INTELLECTUAL PROPERTY – CONFIDENTIALITY – PERSONAL DATA
10.1 As part of its design and design office services, the services, studies, projects, models and documents of any kind produced, delivered or sent by our company always remain its property. Our company retains the intellectual property of its creations (know-how, patentable inventions, copyrights, trademarks, databases, etc.) which may not be used, represented, communicated, executed, adapted or translated without its prior written authorization. or contrary stipulation of the special conditions.
As part of the fulfillment of its obligations, our company grants to the customer, who accepts it, a non-exclusive and non-transferable license of use including the right to use its products and for the sole purpose of use within the framework of the special conditions.
Our company does not give the customer any other guarantee in respect of the intellectual property of his obligations than that of disturbances of enjoyment resulting from his personal act. In the event of a complaint from a third party relating to the use of these rights, our company may temporarily suspend its obligations without any compensation being claimed from it in this regard, until the dispute with the third party be definitively resolved.
10.2 The parties mutually undertake to respect the strictest confidentiality and undertake not to communicate to third parties, except legal obligations, the information or intelligence of which they may have knowledge on the occasion of the performance of the obligations hereunder. They undertake to ensure strict compliance with this obligation by their staff and agents.
10.3 For the processing of orders and the management of its customer file, our company is required to collect, process, transfer personal data of customers, who have a right of access, modification , rectification and deletion of data concerning them, in accordance with the applicable regulations.
10.4 The customer expressly authorizes our company to mention the customer's name or company name as a reference in all advertising and/or promotional documents produced by our companyon any medium whatsoever. Our company will nevertheless abstain in this context from any acts that would be likely to harm the image or reputation of the customer.
ARTICLE 11 - APPLICABLE LAW - ATTRIBUTION OF JURISDICTION
The parties agree that these conditions and their consequences are subject to Moroccan law. The language hereof and of the relations between the parties is French.
In the event of a dispute between the parties or a dispute of any kind relating to the formation, interpretation, execution or termination of the order or the relations between the parties, the Commercial Court of Beni Mellal will be alone. competent.
This jurisdiction will apply even in the event of summary proceedings, incidental claims or multiple defendants, and regardless of the mode or terms of payment.