Terms of use

OVERVIEW

 

The website https://legacyofmorocco.com ("the Site") is operated by the company Legacy of Morocco SRL, with its registered office in Loc. Borșa, Oraș Borșa, Strada Forestierilor, Nr. 19a, Județ Maramureș. In this document, the terms "we," "us," and "our" refer to Legacy of Morocco SRL. We offer this Site, including all information, tools, and Services available on this site to you, the user, conditioned upon your acceptance of all terms, conditions, and policies mentioned herein.

By visiting our Site and/or purchasing products from us (hereinafter referred to as "Products"), you are subject to the conditions of this document, and any other additional policies published on the Site, which are referred to herein and/or made available via hyperlink or otherwise communicated to you ("Terms of Use"). These Terms of Use apply to all users and clients of the Site.

This document defines:

  • the rules for accessing and using the Site by a user; and

  • the contractual conditions governing the relationship between us and you for product purchases from the Site.

Please read these Terms of Use carefully before accessing or using our Site. By accessing or using any part of the Site, or by placing an order on the Site, you agree to comply with these Terms of Use. If you do not agree with the provisions of these Terms of Use, please cease using the Site. In the event that these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools that are added to the Site will also be subject to the Terms of Use. You can consult the latest version of the Terms of Use at any time by accessing this page. We reserve the right to update, modify, or replace any part of these Terms of Use by publishing updates and/or modifications on our Site. It is your responsibility to periodically check this page for changes. Your continued use of or access to the Site after the publication of any changes constitutes acceptance of these changes.

Our Site is hosted by Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.

The titles used in this document serve exclusively as references and will not limit or otherwise affect these Terms.

 

ELIGIBILITY

 

By agreeing to the Terms of Use, you declare that you are at least the age of majority and have full legal capacity (capacitate de exercițiu deplină) to be bound by the provisions of this document and, where applicable, you have given us your consent to allow any minor under your care to use this Site.

 

GENERAL CONDITIONS

 

Placing an order on the Site is permitted to any user who follows the process mentioned below for online orders and accepts the Terms of Use.

We reserve the right to restrict or prohibit any user's access to their user account or for the purpose of placing an order, as well as to other functionalities on the Site, respectively, the right to delete or restrict the user account, within the limits provided by current legislation, if we consider that, based on the conduct or activity on the Site, access for placing an order and the existence of the user account could prejudice us or is prejudicing us in any way or other users/clients.

We also reserve the right, at our discretion, without prior notice or other formalities and without being obliged to justify our decision, to suspend or terminate access to the user account and/or to the Site, if we observe deviations or violations of the provisions of these Terms of Use, which could affect or disrupt our business activity in any way.

Last but not least, we reserve the right not to honor orders placed on the Site to anyone, for any reason, at any time.

You understand that the information provided by you for the purpose of creating a user account or placing an order on the Site (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) modifications to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

As a user or client, you bear the responsibility to ensure that all information you provide when registering your user account or placing an order belongs to you, is accurate, complete, and up-to-date, and you will not disclose it to any third party, being responsible for its integrity and security. A user has the right to hold only one user account. The shared use of a user account by multiple users is prohibited.

 

ACCURACY, EXACTITUDE AND CORRECTNESS OF INFORMATION

 

We may display information on the Site about products and promotions offered within a certain time frame, depending on stock availability.

The products offered for sale on the Site are accompanied by a description thereof, as well as presentation images allowing the user to be informed about the essential characteristics of the products before placing an order.

The information and presentation images used for describing the products do not constitute contractual commitments on our part, being offered exclusively for illustrative purposes. Product images are purely informative, and there is a possibility of differences from the actually purchased product. Product specifications may be modified without prior notice, and operational errors are possible.

The information about the products presented on the Site is intended to serve only for informational purposes, not intended to substitute the advice of professionals from various fields.

In the description of products, we reserve the right to also present other products (accessories, etc.) that are not included in the prices of the described or presented products.

We are not responsible if the information made available on the Site is not accurate, complete, or current. The content on the Site is provided for general information regarding products only, and no decision should be based exclusively on it or the Content used as the sole basis for making decisions without consulting primary, more precise, more complete, or more timely sources of information. Any decision based exclusively on the information presented on the Site is taken at your own risk.

 

PRODUCT AVAILABILITY. MODIFICATION OF PRODUCTS AND PRICES

 

Product offers and prices displayed on the Site are valid as long as they are visible on the Site and within the limits of available stock.

Adding a product to the shopping cart does not automatically validate the order and does not reserve the products. It is possible for the product to become unavailable or the price to change between the moment of adding to the cart and the validation of the order by us, for which aspects we will not be responsible.

If the price or certain characteristics of a product have been displayed incorrectly, even after an order has been placed, we reserve the right to cancel the delivery of the respective product and to inform you as soon as possible, without the errors or mistakes generating contractual obligations on our part.

Prices for our products may be modified without notice.

We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.

We will not be liable to you or to any third party for any modification of the Site, modification of the price, suspension, or discontinuance of the Site.

 

PRODUCT CHARACTERISTICS

 

The products presented on the Site may have limited quantities and can be returned or exchanged only according to our Return Policy. To see our return policy, please visit the Return Policy.

We have made every effort to display as faithfully as possible the colors and images of our products that appear on the Site. However, we cannot guarantee that your device's monitor display will present the colors and images of our products faithfully and as in reality.

We reserve the right, but are not obliged, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products we offer. All descriptions of products or product prices may be modified at any time, without notice, at our discretion. We reserve the right to discontinue the sale of any product at any time.

We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations or that any errors in the Site will be corrected.

 

ORDER

 

The user has the possibility to place orders on the Site by adding one or more products to the shopping cart and following the instructions and steps displayed on the Site. The order will be finalized by making payment through one of the indicated payment methods.

Adding a product to the shopping cart, without finalizing the order, does not guarantee its automatic reservation. Before finalizing the order, the user will be presented with a summary of the order (including the number of ordered products, the individual price and total cost of the products, the transport cost, the chosen delivery method, and delivery address).

By finalizing the order, you confirm that all information provided by you, necessary for the purchase process, is correct, complete, and true on the date of placing the order.

Also, by finalizing the order, you accept that we may contact you by any available means of communication, whenever necessary in connection with an order. We may request additional information about the order, including, but not limited to, the delivery address, in case the information provided by you is not sufficient for the delivery of the order. In this case, the order will be considered placed and the distance contract (contractul la distanță) will be considered concluded with you only on the date of transmission of the new requested information.

Orders are processed and dispatched depending on stock availability and only after confirmation of the order by us. You will be informed about the registration of the order and it will be considered accepted by us only after you receive the order confirmation. The validity of the order depends on your receipt of its confirmation message and the availability of the product in stock.

For details regarding delivery and order cancellation please access:

  • Our Delivery Policy, as applicable;

  • Our Order Cancellation Policy.

 

RIGHT OF WITHDRAWAL

 

You have the right to withdraw from the distance contract (contractul la distanță), respectively to return a product, within 30 calendar days, without invoking any reason and without bearing any costs other than delivery costs, provided that the respective product is in the state in which it was received (unused, and in its original, undamaged packaging).

More details regarding the withdrawal, return, and refund procedure can be consulted in our Return and Refund Policy.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

PRODUCT WARRANTY

 

We assume responsibility towards you for any non-conformities (neconformități) of the products existing at the time of delivery. Non-conformities caused by improper use, inadequate maintenance, physical impact on the products, accidents, non-compliance with usage instructions, as well as deteriorations occurring during transport, are excluded from the warranty.

In the case of such a non-conformity, you have the option to first request the replacement of the product, without additional costs, except in cases where this solution is impossible or unreasonable, or to benefit from a proportional reduction of the price, or to terminate the distance contract (contractul la distanță). You benefit from the replacement of products in case their non-conformity is found and communicated to us shortly after delivery, without exceeding 30 calendar days.

You do not have the right to terminate the distance contract (contractul la distanță) if the non-conformity is minor.

The costs of returning and replacing products accepted as non-conforming will be borne by us.

Regarding the exercise of the warranty right according to this section, please contact us at the email address: contact@legacyofmorocco.ro.

 

RIGHTS TO CONTENT PUBLISHED ON THE SITE

 

The content published on the Site belongs exclusively to us or, as the case may be, belongs to our partners, to whom all rights obtained directly or indirectly (through usage and/or publication licenses) are reserved.

You are not permitted to copy, distribute, publish, transfer to third parties, modify and/or alter, use, reproduce, include the Content in any context other than the original one intended by us, to include the Content or parts thereof on other websites, to remove marks indicating our copyright over the Content, or to participate in the transfer, sale, distribution of materials obtained through the reproduction, modification or display of the Content, without our explicit, prior and written consent.

Any Content to which you have and/or obtain access by any means is subject to these Terms of Use, without any implicit or express warranty granted by us regarding that Content.

You may copy, transfer and/or use the Content only for personal and non-commercial purposes. With the exception of the above, the Content cannot be reproduced, modified and exploited, regardless of the commercial or non-commercial purpose of this exploitation.

The transmission of Content to you through any form of communication (electronic, telephone, etc.) or your access, visiting and/or viewing of it does not create a contractual obligation on our part or the personnel who facilitated the transfer of the Content, if applicable, in relation to the respective Content.

The Content may be updated or modified by us at any time, including images, design, text, graphics, logos, multimedia content, as well as other aspects related to the Site and, respectively, to the Content. All these elements are presented for informational purposes and do not constitute contractual commitments.

Any use of the Content for purposes different from those expressly permitted by this set of Terms of Use is strictly prohibited. Requests for using the Content for other purposes can be sent to the email address: contact@legacyofmorocco.ro.

Non-compliance with the provisions of this section gives us the right to undertake the necessary legal actions and measures, including requesting compensation for damages caused as a result of the unauthorized use of the Content, with the aim of repairing potential material and reputational damages suffered.

 

THIRD-PARTY LINKS

 

Certain content, products, and services available through our Site may include materials from third parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send us certain specific references (for example, for contest entries) or without a request from us, you publish on the Site or send us creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by postal mail or otherwise (collectively, "Comments"), you agree that, at any time, without restrictions, we may edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you transmit to us. We have no and will have no obligation (1) to keep any Comment confidential; (2) to remunerate you for any Comments; or (3) to respond to any Comments.

We may, but have no obligation, to monitor, edit or remove Content that we consider, in our sole discretion, to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene or in any other way unacceptable or that infringes the intellectual property of any party or these Terms of Use.

You guarantee that your Comments will not violate any right of any third party, including copyrights, trademarks, privacy, moral rights or other personal or property rights. In addition, you agree that your Comments will not contain libelous or illegal, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the functionality or operation of the Site or any associated website. You are not allowed to use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and for their accuracy.

In all cases, we assume no responsibility and take no responsibility for the Comments posted by you or by any third party.

 

PROCESSING OF PERSONAL DATA

 

The processing of personal data through the Site is governed by our Privacy Policy. To consult our Privacy Policy, please access it at the following link: Privacy Policy.

 

ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally, there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product delivery fees, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to modify or update information or to cancel orders if any information on the Site is inaccurate at any time, without prior notice (including after you have submitted your order).

We do not assume any obligation to update, modify or clarify the information on the Site, including, without limitation, information about prices, except in cases required by law. No specific update date mentioned on the Site should be considered to indicate that all information on the Site has been modified or updated.

 

PROHIBITED USES

 

In addition to other prohibitions set forth in these Terms of Use, you are prohibited from using the Site or its Content:

  • for any illegal purpose;

  • to solicit others to perform or participate in any illegal acts;

  • to violate any national, European or international regulations;

  • to violate our intellectual property rights or the intellectual property rights of others;

  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;

  • to present false or misleading information;

  • to upload or transmit viruses or any other type of malware that will or may be used in any way to affect the functionality or operation of the Site or the internet connection;

  • to collect or track the personal information of others;

  • to send spam, phishing, pharma, pretext, spider, crawl or scrape;

  • for any obscene or immoral purpose; or

  • to interfere with or circumvent the security features of the Site. We reserve the right to limit access to or use of the Site for violating any of the prohibited uses.

You also agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Site, or any contact on the Site, without our express written permission.

You may not use our products for any illegal or unauthorized purpose and with the purpose of violating any law in your jurisdiction (including, but not limited to, copyright laws).

Violation or non-compliance with any of the provisions of these Terms of Use will result in the immediate termination of your access to the Site.

 

LIMITATION OF LIABILITY

 

We do not declare, promise or guarantee that your use of our Site will be uninterrupted, secure or error-free.

We offer no guarantees, whether explicit or implicit, that:

  • the Site will meet all your requirements or expectations;

  • products purchased or obtained free of charge through the Site will fully satisfy your expectations.

You expressly agree that your use or inability to use the Site is at your sole risk. The Site and all products and services delivered to you through it are (except where expressly specified by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, commercial quality, fitness for a particular purpose, durability, title and non-infringement.

To the extent permitted by law, Legacy of Morocco SRL, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or our licensors will under no circumstances be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs or any similar damages, whether based on contract, tort (including negligence), strict liability 1or otherwise, arising from your use of the Site or any product purchased or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind suffered as a result of using the Site or any content (or product) published, transmitted or otherwise made available through the Site, even if informed of the possibility thereof.


 

 

INDEMNIFICATION

 

You agree to indemnify and defend Legacy of Morocco SRL, its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.2


 

 

SEVERABILITY

 

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

 

ENTIRE AGREEMENT

 

The failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules published by us on the Site constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between yo3u and us (including, but not limited to, any prior versions of the Terms of Use).


 

 

GOVERNING LAW

 

The rights and obligations of the parties, established by this set of Terms and Conditions, as well as all legal consequences generated by this document, will be interpreted and governed according to the Romanian legislation in force.

Any dispute related to this set of Terms of Use will be resolved by the competent courts in Romania.

 

CONTACT INFORMATION

 

Any questions you have about the Terms of Use should be sent to contact@legacyofmorocco.ro.

 

COMPLAINTS AND GRIEVANCES. ALTERNATIVE DISPUTE RESOLUTION (ADR/ODR)

 

You can at any time submit complaints or grievances related to the product and/or order to the address contact@legacyofmorocco.ro. We undertake to respond to these complaints or grievances within 30 calendar days from their receipt.

In the event that:

  • you do not receive a response within the 30 calendar days;

  • you receive a response after the expiration of this term; or

  • you are dissatisfied with how the complaint or grievance was managed by us;

you have the right to appeal to the alternative dispute resolution (ADR/ODR) procedures.

Alternative Dispute Resolution (ADR) constitutes an alternative mechanism to the traditional judicial system, offering consumers a method for resolving eventual disputes that arise from the purchase of a product or service. This process allows issues to be addressed in a more accessible, quick, and, most often, less costly manner than formal judicial procedures.

For ADR, your complaint or grievance can be submitted in writing directly to the Direcția de Soluționare Alternativă a Litigiilor a Autorității Naționale pentru Protecția Consumatorilor (Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection) using the contact details: address: București, Bulevardul Aviatorilor nr. 72, sector 1, cod poștal 011865, tel: 021.312.12.75; fax: 021.314.34.62, e-mail: dsal@anpc.ro. The Direcția de Soluționare Alternativă de Soluționare a Litigiilor a Autorității Naționale pentru Protecția Consumatorilor (Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection) is competent to alternatively resolve national and cross-border disputes arising from sales contracts or service contracts concluded wit4h a trader carrying out activity in Romania and is included in the list of ADR entities at European level, available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2. For more details, you can access the link displayed on the Site in the Alternative Dispute Resolution section.


 

Considering the provisions of Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, you have the possibility to opt for extrajudicial resolution of eventual disputes, also by using the European online dispute resolution platform (platforma SOL), a digital instrument created by the European Commission to facilitate the independent, impartial, transparent, effective, quick and fair, extrajudicial resolution of disputes concerning contractual obligations resulting from online sales or service contracts between a consumer residing in the European Union and a trader established in the European Union. In this regard, the link existing on the Site in the Online Dispute Resolution section can be accessed.

Alternative Dispute Resolution (ADR) and the Online Dispute Resolution (ODR) platform do not represent two distinct mechanisms for addressing complaints or grievances, but rather function as a single instrument, having the same purpose, object, and objective. The main difference between ADR and ODR lies in the manner in which the consumer chooses to express their complaint or grievance: in the case of ADR, the consumer addresses it through traditional methods, such as in writing (by email or post), while in the case of ODR, the consumer uses a specific form available on a digital platform, thus approaching the process exclusively online.