Terms & Conditions
Terms and Conditions – Spiranox
Definitions
Spiranox: Spiranox, located in Morocco, trading under the name Spiranox and operating via www.spiranox.com
Customer: Any person or legal entity who places an order with Spiranox.
Parties: Spiranox and the customer jointly.
Consumer: A natural person who is not acting in the course of a profession or business.
Article 1 – Applicability of Terms and Conditions
These terms apply to all offers, orders, services, and deliveries by or on behalf of Spiranox.
Deviations are valid only if agreed upon in writing.
Any general terms and conditions of the customer are expressly excluded.
Article 2 – Prices
All prices are listed in euros unless stated otherwise.
Prices exclude taxes, customs duties, and shipping unless explicitly mentioned.
Spiranox may adjust prices due to changes in production or shipping costs.
If a consumer is affected by a price increase after placing an order, they may cancel the order if it is not custom-made.
Article 3 – Samples and Models
Samples or photos are indicative; handmade items may differ.
Products are unique and slight variations are to be expected.
Article 4 – Payments and Payment Terms
Orders must be paid in full before processing.
No partial payments unless agreed in writing.
No payment = no shipment.
Spiranox may require full payment upfront for customized orders.
Article 5 – Consequences of Late Payment
Orders are not fulfilled until full payment is received.
In case of any agreed late payment, interest and additional costs may apply.
In case of non-payment, Spiranox may cancel the order.
Article 6 – Right of Reclamation
Spiranox reserves the right to reclaim shipped goods if payment is reversed or cancelled.
The customer must return such products at their own cost upon request.
Article 7 – Right of Withdrawal
Due to the handmade and customized nature of Spiranox products, no right of withdrawal applies.
All sales are final unless otherwise agreed in writing.
In case of a problem, customers must contact Spiranox within 7 days at info@spiranox.com or via WhatsApp.
Article 8 – Refund of Delivery Costs
Refunds of shipping costs only apply if a mistake or defect is confirmed by Spiranox.
In such cases, return costs may be reimbursed.
Article 9 – Return Costs
Customers pay for return shipping unless agreed otherwise.
Returns are not accepted unless approved in advance due to issues with the product.
Article 10 – Right of Suspension
Unless the customer is a consumer, they waive the right to suspend obligations under the agreement.
Article 11 – Right of Retention
Spiranox may retain products until all payments are completed.
This includes any previous unpaid orders.
Spiranox is not liable for any resulting damages.
Article 12 – Set-Off
Unless the customer is a consumer, no right of set-off applies.
Article 13 – Retention of Title
Products remain property of Spiranox until full payment is received.
The customer may not resell or pledge unpaid products.
If retention of title is invoked, the agreement is considered terminated.
Article 14 – Delivery
Delivery takes place subject to availability.
Orders are shipped from Morocco to the customer’s provided address.
Spiranox may delay delivery if payment is incomplete.
Article 15 – Delivery Time
Delivery times are estimates.
Delays do not entitle the customer to compensation or cancellation unless agreed in writing.
Delays due to customs or international shipping are beyond Spiranox’s control.
Article 16 – Actual Delivery
The customer must ensure the delivery address is correct and accessible.
Spiranox is not responsible for failed deliveries due to incorrect or inaccessible addresses.
Article 17 – Transportation Costs
Shipping fees are paid by the customer unless otherwise agreed.
Article 18 – Packaging and Shipping
If a package arrives damaged, the customer must report this to the courier upon delivery.
Failure to do so may limit liability.
If the customer arranges transport, Spiranox must be notified of any damage before shipment.
Article 19 – Storage
If delivery is postponed at the customer’s request, risks of damage or degradation are the customer’s responsibility.
Storage or redelivery costs are also borne by the customer.
Article 20 – Warranty
Spiranox offers a warranty only for manufacturing defects.
The warranty does not cover wear and tear, damage due to misuse, or natural material variation.
Article 21 – Indemnification
The customer indemnifies Spiranox from third-party claims relating to purchased products.
Article 22 – Complaints
The customer must inspect products upon delivery.
Defects must be reported within 7 days (or within 2 months for consumers).
Reports must include clear photos and a description of the issue.
The burden of proof lies with the customer.
Article 23 – Notice of Default
Notices of default must be made in writing via email.
Spiranox must receive such notice to act upon it.
Article 24 – Joint Liability
If multiple customers place an order together, each is fully liable for the entire amount.
Article 25 – Liability of Spiranox
Spiranox is only liable for direct damages caused by intentional or gross misconduct.
Liability is limited to the invoice value of the order or the amount paid by insurance.
No liability for indirect damage, such as loss of profit or delay.
Article 26 – Limitation Period
Any claim against Spiranox expires 12 months after the event causing liability.
Article 27 – Right of Termination
The customer may terminate the agreement only if Spiranox fails to deliver, and only after a formal notice of default has been sent and ignored.
Article 28 – Force Majeure
Spiranox is not liable for failure to perform due to force majeure, including natural disasters, strikes, transport issues, or export bans.
Article 29 – Modification of the Agreement
Changes to agreements must be mutually agreed upon in writing.
Article 30 – Amendment of Terms and Conditions
Spiranox may update these Terms at any time.
Minor changes take effect immediately. Major changes apply to future orders.
Article 31 – Transfer of Rights
Customer rights cannot be transferred to third parties without written permission from Spiranox.
Article 32 – Invalidity
If any clause is deemed invalid, the remaining terms remain in force.
Article 33 – Governing Law and Jurisdiction
These terms are governed by Moroccan law.
All disputes will be submitted to the competent court in Morocco unless mandatory law dictates otherwise.