Law n°83-2000 translated for information purpose - Not to be quoted
Article 32: With consideration to regulations in Article 30 of this act and with
exception to case of apparent or hidden defects, the consumer cannot cancel a
purchase in the following cases:
•
When the consumer asks to be provided with the service before the expiration
of the cancellation deadline and the merchant provides the service
•
If the consumer has been provided with the products according to personalized
specifications or products that cannot be reshipped or that could be damaged
or spoiled due to the expiration of their validity period;
•
When the consumer removes the seal off audio or video recordings or
computer software and date delivered r file-transferred;
•
Buying of newspapers and magazines
Article 33: If the purchase is the total or partial result of a loan provided to the
consumer by the merchant or a third party on the basis of contract between the
merchant and the third party, then the cancellation of the purchase by the consumer
cancels the loan contract without refund.
Article 34: With the exception of cases of misuse, in trial-based sales, the merchant
shall bear the risks that the product might encounter until the end of the trial period.
Any condition for exoneration in contradiction with the regulations of this article shall
be considered void.
Article 35: In case of unavailability of the product or the service, the merchant must
Inform the consumer in a time period not exceeding 24 hours before the delivery date
mentioned in the contract and must refund the total cost to the consumer.
Except the cases of unforeseen reason, the contract is cancelled if the merchant did
not fulfill his engagements and the consumer is refunded for the amount paid
regardless of the compensation of damages occurring to him.
Article 36: The merchant prove the existence of prior notification, the information
confirmation, the respect of deadlines and the approval of the consumer and any other
conflicting agreement shall be considered void.
Article 37: All payment operations related to electronic exchanges and electronic
commerce are subjected to the act and regulation in force.
The owner of the electronic payment method must notify its issuer of its loss
or theft or the loss or theft of devices enabling its use as well as any fraudulent use of
it.
The issuer of an electronic payment method must specify the appropriate ways for
such notification in the contract concluded with the owner.
Assumes, until the date of notifying the issuer, the consequences of loss or theft of the
payment method or its fraudulent use by a third party ;
Bears no responsibility of the use of the payment method after notifying the issuer.
Chapter VI: On protecting Private Information
Article 38: The certification services provider cannot process personal date without
the approval of the involved owner of the electronic certificate.
The electronic notification of approval can be used if the certification services provider
guarantees;
•
The notification of the certificate owner of his right to cancel his approval at
any time ;
•
The Possibility of identifying the parties using the personal date ;
•
The conservation of the proof of approval in a way that cannot be changed.
Article 39 : Except in the case of the certificate owner's approval, the certification
services provider or one of his agents cannot gather information related to be
certificate owner except the information needed to build the contract, to specify its
content and to execute it and to prepare and to issue the invoice.
The certification services provider or a third party cannot use the date gathered
according to the first paragraph of this Article for other than the above mentioned
reason unless the certificate owner has been informed of that and he has not objected
to it.