General Terms & Conditions of Sale
Moroccan Gems — B2B Wholesale
1. Order Confirmation
1.1. Only an order confirmation issued and signed by Moroccan Gems shall be binding. All orders commence upon receipt of an advance payment of 50% of the total order value (including VAT), payable exclusively to the bank account provided by Moroccan Gems. Production or preparation begins only after the full balance has been received.
All sales are governed by these General Terms and Conditions, as stated on the purchase order and/or invoice, excluding any terms proposed by the buyer, even if communicated later. Orders placed through agents, representatives, or employees are valid only after written confirmation by an authorized representative of Moroccan Gems.
1.2. Any order cancellation must be submitted in writing and will only be valid once accepted in writing by Moroccan Gems. In the event of cancellation, the buyer shall pay a fixed compensation of 50% of the total order amount. This non-negotiable compensation covers administrative costs, production preparation, and potential loss of profit.
2. Description of Goods
The goods supplied will match the specifications stated on the purchase order or invoice. As all items are handmade, minor variations in color, size, or texture are part of their unique artisanal nature and do not constitute defects.
3. Prices
3.1. Prices are those stated on the confirmed purchase order unless revised due to changes in material, production, or external costs. Any adjustments will comply with applicable commercial standards and will appear on the updated invoice.
3.2. All prices are quoted excluding VAT.
3.3. For international orders, prices and delivery terms are EXW (Ex Works) — Morocco, unless otherwise agreed in writing.
4. Delivery
Delivery times are estimates only and not legally binding unless explicitly confirmed otherwise. Delays in delivery shall not entitle the buyer to cancel the order, claim damages, or impose penalties.
If the buyer fails to collect the goods upon availability, storage fees may apply. From the moment the goods are ready for collection or shipment, all risk transfers to the buyer.
5. Inspection and Claims
5.1. The buyer must inspect the goods immediately upon receipt. Any claims or objections must be submitted in writing within eight (8) days from delivery.
5.2. The buyer acknowledges purchasing with full knowledge of the products and their artisanal nature.
5.3. Moroccan Gems shall not be held responsible for natural variations in handmade goods. Small differences in finish or tone are considered normal and inherent to handcrafted production.
5.4. Moroccan Gems shall not be liable for hidden defects resulting from the manufacturing process of third-party materials. In such cases, the buyer may file claims directly with the manufacturer, whose contact details will be provided when justified.
5.5. In any case, compensation claims against Moroccan Gems shall not exceed 30% of the total value of the goods concerned.
6. Retention of Ownership
6.1. All goods remain the property of Moroccan Gems until full payment — including any costs or interest — has been received.
6.2. If the goods are delivered to rented premises, the buyer must inform Moroccan Gems in writing and provide the landlord’s name and address.
7. Payment Terms
7.1. Unless otherwise stated on the invoice, payments are due upon receipt of invoice. Invoices are issued once the goods are ready, and the remaining balance payment must be made before delivery (or 50% upfront for orders exceeding €5,000). Delivery will only occur after full payment has been received.
7.2. In case of non-payment by the due date, the total amount shall be increased by a fixed late payment fee of 10%, and interest of 12% per year will apply automatically, calculated per month of delay.
7.3. Failure to pay any invoice by its due date renders all other outstanding invoices immediately due and payable.
7.4. Any disputes concerning invoices must be raised in writing within eight (8) days from the date of issue.
8. Guarantees and Creditworthiness
If Moroccan Gems has reason to doubt the buyer’s solvency or reliability—such as through legal proceedings or delayed payments—it reserves the right to request additional guarantees or advance payment, or to cancel the order entirely. In such cases, the compensation stated in Article 1.2 will apply.
9. Governing Law and Jurisdiction
9.1. Any dispute arising from these terms shall fall under the exclusive jurisdiction of the Courts of Morocco, where Moroccan Gems is registered.
9.2. This agreement is governed exclusively by Moroccan law.
9.3. All costs related to legal collection procedures, including administrative and legal fees, are payable by the buyer.