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General Terms and Conditions

Tawadoo Editorial Team·
General Terms and Conditions

These general conditions of use govern the rights and obligations relating to the use of the services of the platform offered on the website “www.tawadoo.ma”.

1 Introduction

1.1 Scope and validity

Validity

These general conditions of use (hereinafter referred to as « GCU ») of Tawadoo as well as the external provisions declared as binding by these T&Cs U, in particular the declaration regarding data protection and the settlement of fees, regulate the rights and obligations related to the use of Tawadoo products (hereinafter collectively referred to as the "platform") offered via the website www.Tawadoo.ma (including all subdomains) and the contractual relationship between Tawadoo and Tawadoo members .

Confirmation and modification of these T&Cs / U

The member confirms acceptance of these Terms and Conditions (T&Cs) each time they log in to the Platform. Tawadoo reserves the right to amend these T&Cs at any time and to publish the most recent version on the Tawadoo website. The applicable T&Cs are those in force on the date of the User’s connection to the Platform. Tawadoo reserves the right to modify, at any time and without prior notice or information to Users, all or part of the provisions of the T&Cs, in order to adapt them to changes in the Services, technical developments, legal or jurisprudential changes, or the implementation of new functionalities or services. Any amendments made to the T&Cs by Tawadoo will be brought to the attention of Users by means of their publication online. Such amendments shall be deemed accepted, without reservation, by any User accessing the website and/or application after said publication. As such, Tawadoo encourages all Users to regularly consult the T&Cs. Any new service incorporating new technologies or features that improve the quality of existing Services shall also be subject to these T&Cs, unless expressly stated otherwise. In the event of a discrepancy between the French version and the Arabic version of the T&Cs U/ the declaration regarding data protection and/or the payment of fees, the French version shall prevail.

Tawadoo Platform

Tawadoo is a platform made available to registered members as a platform for the offer and acquisition of goods, services and rights (hereinafter "products"). For the sake of simplicity, we will refer to the supplier of a product in these General Terms and Conditions as "seller ", the purchaser of a product as "buyer" and the acquisition of a product as "purchase" or "buy". Tawadoo is a versatile online buying and selling platform, accessible via both a mobile application and a website, designed to facilitate the publication, search, and consultation of ads of sells, as well as real-time bidding. The platform is ’aimed at a diversity of users, including occasional visitors, regular buyers, private sellers, and professionals. Each type of user has specific features: offline visitors can explore ads, while registered users can interact with sellers, participate in auctions, and publish their own ads. For users subscribing to a paid subscription, Tawadoo offers additional benefits, such as an increase in the number of active ads and access to premium features. The platform offers a multilingual interface, supporting English, French, and Arabic, to meet the needs of an international audience. Tawadoo also integrates advanced tools for direct communication between buyers and sellers, a geolocation system to refine searches based on the user's location, and a secure payment module for transactions and subscriptions. Sellers can create and manage online stores, analyze the performance of their ads through detailed reports, and promote their offers through highlighting options.

1.3 Basic principles for using the Tawadoo platform

1.3.1 Use based on own responsibility

The platform members (respectively merchants and members) conclude contracts with each other, in an autonomous manner of responsibility. Such contracts are binding and authorizing only for seller (or merchant) and the buyer. The execution of the contract is the sole responsibility of the merchant or seller and the buyer.

1.3.2 Legal status of Tawadoo

Tawadoo is not a party to the contracts concluded between members (respectively between traders and members) on the platform. Tawadoo, its representatives, collaborators and auxiliaries are in no way and in no way responsible for the risks related to the negotiation and conclusion of business, nor for any possible damages resulting therefrom. Tawadoo is not obliged to monitor the behavior of its members or merchants in the context of the use of the platform. In particular, Tawadoo is authorized, but not obliged, to monitor in any way the offers, texts and illustrations published by its members or merchants on its platform with regard to their legality or admissibility in any way whatsoever. This applies in particular also to the member and merchant evaluation system used by members under their own responsibility. Tawadoo shall not be held liable for any direct or indirect consequences that may result from the use, consultation, or interpretation of the information provided. Tawadoo cannot be held liable in the event of misuse of the Platform by users, including but not limited to interactions between merchants and members.

1.3.3 No right of use

Tawadoo reserves the right to grant authorization, to the use of the et Tawadoo service claim platform. In particular, Tawadoo may at any time refuse a registration, exclude a member according to section 2.4, prohibit use or delete a service.

1.4 Definitions

1.4.1 Member

Quality of "member " of the platform start from the registration, i.e. with the indication of the required personal data and the acceptance of these General Terms and Conditions. Tawadoo may request additional information and/or carry out verifications or even waive them. Registration and membership are free.

1.4.2 Offer

" offer" designed the published caution under laits own responsibility of member and according to its own product design du on the platform with the aim of selling said product.

1.4.3 Types of offers on the Tawadoo platform

The publication of offers on the Platform may be carried out under the following terms and conditions:

a) Auctions

In the event that a product is auctioned on Tawadoo, said product is offered for sale on the Platform by a seller for a fixed duration and under the conditions set by the seller. The auction begins at the minimum price established by the seller, and interested parties may place real-time bids i.e., binding offers representing the maximum price they are willing to pay for the product being auctioned. The publication of a product for auction constitutes a binding offer by the seller to conclude a sales contract with the highest bidder at the end of the auction period. If a bid is placed during the last three minutes of the auction period as determined by the seller, the closing of the auction shall be extended by an additional three minutes from the time of the last bid. The contract is concluded with the highest bidder at the definitive close of the auction. In the case of multiple-item auctions, the publication of several identical products constitutes a binding offer by the seller to enter into a separate sales contract with each of the highest bidders, in descending order of the bid amounts, until the full quantity of products is sold.

b) Fixed price offers

The publication of products with an indication of a price fixed by the seller, represents a firm offer for the direct sale of the product to the person who places a bid of said amount at a fixed price. If an offer in an auction also contains the possibility to purchase the product at a fixed price and thus close the auction prematurely, this fixed price is called a "Direct Purchase Price " for clarity.

2 Membership

2.1 Purpose

The prerequisite for selling and purchasing products on the platform and for using the related functions of the website as well as the password-protected areas on said websites (in particular the personal account) is to be a registered member. In order to be able to use all the functionalities of the platform as a member (in particular selling and purchasing without restrictions), various verification steps are requested or may be required (e.g. entering an activation code sent by post).

2.2 Description

Registration and membership are free. Membership is personal and non-transferable.

2.3 Minimum membership conditions

2.3.1 Exercise of civil rights

Only natural or legal persons with unrestricted civil rights may join Tawadoo. Minors (under 18 years of age) cannot be members of Tawadoo.

2.3.2 Personal Data

Tawadoo collects information relating to personal data provided by Users when visiting the Platform.

This may include:

  • Data voluntarily provided by the User at the time of registration and when opening their personal account on the Platform, as well as any data the User may subsequently provide to the publisher in the course of using their personal account;

  • Data that Tawadoo may collect through questionnaires, forms, or any information disclosed by the User in order to benefit from the services offered on the Platform.

The data controller operating the site is Tawadoo.

The information collected on the website www.tawadoo.ma is processed for the proper execution of the services offered. The recipients of the data are Tawadoo’s departments.

In accordance with Law No. 09-08 promulgated by Dahir 1-09-15 of February 18, 2009, on the protection of individuals with regard to the processing of personal data, you are entitled to the following rights:

  • A right of access to information concerning you, to ensure its accuracy;

  • A right of rectification, allowing you to request the correction of inaccurate or incomplete information;

  • A right to object, allowing you to oppose the use of your data for prospecting purposes, in particular commercial ones.

You may exercise your rights by contacting Ms. Kenza RHAFIR at the following address: contact@tawadoo.ma.

You may also, on legitimate grounds, oppose the processing of your data.

This processing has been declared to and authorized by the CNDP under authorization no. A-W-1438/2025 dated 26/09/2025;.

In the event of personal data collection, particularly through forms, you also have the right of access, rectification, and objection to the processing of your personal data, which you may exercise by email at contact@tawadoo.ma or by phone at (+212) 06 13 13 59 17, upon proof of identity.

This processing has been authorized by the CNDP under number A-W-1438/2025.

Your data is transferred to Amazon Web Services EMEA SARL in Luxembourg for hosting and storage purposes. This transfer has been declared to the CNDP under number T-HB-500-2025.

You may contact the General Management to exercise your rights of access, rectification, and opposition in accordance with the provisions of Law 09-08, by email at contact@tawadoo.ma or by phone at (+212) 06 13 13 59 17.

The User undertakes to ensure the accuracy of the personal data provided and their conformity with reality. Personal information must not be false, inaccurate, misleading, nor infringe any applicable law or regulation.

This information, which Tawadoo guarantees to keep strictly confidential, is necessary for processing the User’s request and managing business relations. Your data is intended for Tawadoo’s internal departments and may also be disclosed to duly authorized service providers, including contracted subcontractors.

Personal data collected by Tawadoo is subject to automated processing in the context of the User’s use of the Platform.

Personal data processed will only be retained for as long as necessary to achieve the purpose of the processing.

In accordance with Law No. 09-08, information essential for Tawadoo to process and execute the User’s requests is marked with an asterisk (*). Other requested information, which is optional, is intended to better understand the User and thereby improve the services Tawadoo offers.

You have a right of access, rectification, and opposition to the processing of your personal data and its use for commercial purposes, which you may exercise by contacting Tawadoo.

User Obligations

The User undertakes to use the information concerning the cited products only for their own needs or those of their contracting entity, and solely for the purposes set out in this contract.

The User is fully responsible for the correct use of and access to their profile and other Platform content in accordance with applicable legislation—whether national or international—of the country from which they use the Platform, as well as the principles of good faith, morality, generally accepted customs, and public order.

In particular, they agree to strictly comply with these General Terms of Use. The User is responsible for correctly entering their username and personal password, which are non-transferable and must be sufficiently complex, in order to protect their account from fraudulent use by third parties not affiliated with Tawadoo.

The User must never use their profile or other Platform content for unlawful purposes, or in ways that would infringe on the rights or interests of third parties, or that could in any way damage, disable, affect, or impair the Platform or its content or services.

Furthermore, the User is prohibited from hindering other Users’ normal use or enjoyment of the Platform. Tawadoo cannot be held responsible for editorial content and expressly declares that it does not identify with any opinions expressed by Users of the Platform, whose consequences are the sole responsibility of their authors.

Tawadoo disclaims any liability for the consequences, losses, or damages that may result from such unlawful use or access by a third party.

As an example, and without limitation, the User undertakes to:

  • Not modify or alter the Platform, in whole or in part, by circumventing, disabling, or otherwise altering its functions or services;

  • Not infringe industrial or intellectual property rights, nor legislation relating to the protection of personal data;

  • Not use the Platform to insult, defame, intimidate, or harass other Users, or to damage their image; not access other Users’ email accounts;

  • Not introduce a computer virus, corrupted file, or any other software likely to cause damage or alterations to the content or systems of Tawadoo or a third party.

The data provided at the time of registration must always be complete, accurate, and include, at minimum: first and last name, date of birth, city and country of residence, telephone number, and valid email address. For company registrations, the name of the contact person and the full business name must also be indicated.

In case of changes, the member must immediately make the necessary updates in their personal user center “My Profile” so that the information is always complete and accurate. Tawadoo may, at any time, request additional information for specific functions and/or carry out verifications, or waive such requirements.

The username chosen by the member at the time of registration must not be obscene, derogatory, or offensive; moreover, it must not contain references to an email address or a website, nor infringe the rights of any third party

2.3.3 Persons with their headquarters abroad

Persons domiciled outside the Kingdom of Morocco may only use the platform as buyers. To publish advertisements, they must first request the agreement of Tawadoo. In principle, only professional sellers, namely legal entities, are admitted. The related request must be sent with proof of commercial activity to: contact@tawadoo.com .

2.4 Commencement and termination of membership

2.4.1 Start

Membership begins with the sending of the confirmation email by Tawadoo, once the member has registered and accepted the T&Cs.

2.4.2 Termination of Membership by Member

A member may terminate his/her membership at any time by email to contact@tawadoo.com . The conditions for such termination are as follow: the member's account must be balanced, that is to say, it must not show any balance in favor of Tawadoo. the member no longer offers any products for sale on Tawadoo. the member is not participating in an ongoing auction. Tawadoo customer service confirms the termination by sending an email to the member and blocks the corresponding account. Any evaluations given and received by the member continue to appear on Tawadoo after the termination of his membership.

2.4.3 Termination of Membership by Tawadoo

For factual reasons, particularly in the event of non-compliance with the T&Cs, Tawadoo is entitled to exclude a member at any time (i.e. terminate their membership), prohibit their use or remove a service, without the member in question being able to make any claim against Tawadoo. Tawadoo is authorized to temporarily block a member or to permanently exclude him/her if it appears likely that another member already blocked or excluded (family members or roommates, for example) is carrying out transactions through this account or if there is a justified suspicion that the member has violated the rights of third parties. In the event of exclusion, the closing, publication and publication option fees as well as any reminder fees and compensation remain due. Any evaluations given and received by the member as well as his “Questions & Answers” continue to appear on the platform, even after termination of his membership. Excluded members are not allowed to register again as members on the Tawadoo website, whether under their own name or another, without the prior agreement of Tawadoo. In the event of non-compliance with this clause, Tawadoo will charge the offender an amount of 1000 MAD.

3 Obligations of members in general

3.1 Secrecy of access data

The member is required at all times to keep secret the personal password as well as the activation code that Tawadoo sent to him by post or that he created himself and to never reveal it to third parties or allow them to access it.

3.2 Technical interventions

The use of mechanisms, software or other systems that could disrupt the proper functioning of the website is prohibited. Members are not permitted to take any action that may result in an intolerable or excessive load on Tawadoo 's infrastructure. Members are not permitted to block, replace or modify any content generated by Tawadoo or otherwise interfere with the Tawadoo website in any disruptive manner.

3.3 Third Party Intellectual Property Rights

Entries, texts and illustrations that a member publishes in any form on the platform (product description, reviews, texts entered under "Questions ", etc.) or that he communicates in any other way on the platform, must not violate the intellectual property rights of third parties in any way. On this website, the member is authorized to publish only photos and texts that he has taken, respectively written himself or whose use has been authorized by the rights holder. This clause also applies in particular to texts and images publicly accessible on another website. The User is solely responsible for the content of the data used and published on Tawadoo. Consequently, he/she undertakes to ensure the strictest respect for the rights of third parties, whoever they may be, and in particular with regard to respect for industrial, intellectual and commercial property rights and image rights. He/she acknowledges that Tawadoo does not intervene with regard to the content of the images and messages disseminated, and cannot be held responsible for any possible infringements; consequently, the User will guarantee the company against any damage that may result from the action of a third party.

3.4 Rights to the protection of the personality of third parties

Entries, texts and illustrations that a member publishes in any form on the platform (product description, evaluations, texts entered under "Questions ", etc.) or that he communicates in any other way on the platform, must not in any way violate the personality rights of third parties. In particular, they must not be insulting, obscene, defamatory, harassing, denigrating, demeaning or attack honor, harm reputation, etc.

3.5 Prohibition on advertising products not held by the seller.

Entries, texts and illustrations that a member publishes in any form on the platform (product description, evaluations, texts entered under "Questions ", etc.), texts for end-of-transaction messages, personal messages, etc. or that he communicates in any other way on the platform, must not in any way contain advertising for products that the member himself does not currently offer or will not offer for sale very soon on the platform.

3.6 Link and web addresses

Offers and content (including photos/images) published on the platform must not contain URL links or web addresses. Exception: offers in the form of classified ads as well as the exceptions mentioned in the general list of prohibitions.

3.7 Use of Content

Information about a seller, or other information visible in an offer that Tawadoo may publish in connection with offers, may only be used in connection with the corresponding offer; in particular, the use of this information for advertising purposes is prohibited. Furthermore, it is prohibited to use this information to send newsletters and to pass on this information to third parties.

3.8 No conclusion of contract outside the platform

The texts and illustrations that a member publishes in any form on the platform (offers, evaluations, texts entered under "Questions ", etc.) must not be used in any way to conclude contracts outside the platform or to directly or indirectly encourage others to do so.

3.9 No Bid Manipulation by Bidding

Tawadoo strictly prohibited members to bid on a single product using different usernames. Sellers are not allowed to manipulate the price of their products during the auction. The seller, his relatives or persons living under the same roof as the seller are not allowed to bid on a product put up for sale by the seller, nor are any third parties solicited for this purpose. It is prohibited to place bids using automatic data processing processes.

3.10 Fair use of the evaluation system

The user is obliged to provide truthful information in the evaluations made by him. The evaluations must be objective and may not contain personal insults. It is forbidden to integrate advertising into a evaluation (e.g. indicating a web address, etc.). Any unfair influence on one's own or other people's evaluation profile and on evaluations as well as any abuse of the evaluation system is prohibited. It is also not permitted to indicate user data in the evaluation. It is also forbidden to give misleading evaluations or to manipulate the evaluation system for one's own benefit. At any time and without warning, Tawadoo is entitled, but not obliged, to intervene exceptionally in the autonomous evaluation system and to delete and/or correct evaluations.

3.11 Interdiction de contourner la structure des frais

Taking any action to circumvent Tawadoo 's fee structure (e.g. offering inflated shipping fees) is prohibited.

4 Operating the platform on Tawadoo

4.1 Prohibited insertions

Tawadoo is entitled to prohibit the offering of certain products and product groups on its platform at any time, at its own discretion and without having to provide reasons. A non-exhaustive, constantly updated overview of said products and product groups can be found in the general list of prohibitions. In the event of deletion of an insertion due to prohibitions, the publication costs will not be reimbursed.

4.2 Published Content, Offers and Auction Offers; Categories

Tawadoo reserves the right, at its sole discretion and at any time, to delete any type of offer, as well as any text or illustration published on its website. Tawadoo also reserves the right to remove, at its discretion and without notice, any offer posted in an inappropriate category, as well as any text or illustration that is clearly fictitious or infringes upon the rights of third parties. Such deletions or removals shall not give rise to any claim or recourse of any kind against Tawadoo. Furthermore, Tawadoo reserves the right to rename, subdivide, merge, delete, or create offer categories, and to move existing offers to another category or delete them altogether, without prior notice or justification to the affected members.

4.3 Reuse of published content

Members grant Tawadoo the non-exclusive right to use and share with other members the content of the original offer published on Tawadoo.

4.4 Non-compliance with the T&Cs U by a member

Tawadoo is entitled to give a warning to a member if there is tangible and credible evidence that this member has violated these T&Cs U. In particular, Tawadoo is entitled to give a warning to a member if there is tangible and credible evidence that this member has willfully failed to fulfill his contractual obligations towards another member. Tawadoo further reserves the right to exclude a member, as provided for in Article 2.4 of these Terms and Conditions of Use (see above: Membership / Termination of Membership by Tawadoo).

4.5 Changes to the duration of an offer

Tawadoo reserves the right to extend or shorten the duration of an offer if deemed necessary for the proper execution of said offer (see Technical Disruptions / Maintenance).

5 Obligations of sellers

5.1 Power of disposal over the proposed product

The seller may only offer products that he is able and authorized to offer for sale. This means in particular, but not limited to, that, in the context of a sale or exchange, the user has the capacity and authorization to hand over to the buyer, fully and free of any encumbrance, possession and ownership; that he is authorized to give an object for rent; that he is authorized to hand over a right.

5.2 No sale of prohibited products

It is prohibited to offer products whose offer, sale, purchase, delivery or use violates legal requirements or contravenes good morals. Tawadoo manages and maintains a non-exhaustive list of products (see Operation of the platform / Prohibited insertions) that may not be sold or promoted on its site without the express prior authorization of Tawadoo. Tawadoo further reserves the right at any time to delete an offer and to inform the competent authorities or injured third parties, regardless of whether or not they said product appears on the general list of prohibitions.

5.3 True and complete information on the product offered for sale

The seller is required to provide truthful, non-misleading and non-unfair information about the product he is selling as well as the terms of payment and delivery. He will take particular care to indicate all defects in the product or packaging. This applies particularly to second-hand products or those with damaged packaging. The seller is required to offer his product in the appropriate product category of Tawadoo.

5.4 No intermediate sale

During the period that a product is listed for sale on Tawadoo, the seller is not authorized to list said product for sale elsewhere or to grant rights to this product to third parties.

5.5 Selling Fees and Boosts

Tawadoo reserves the right to adjust the fees for publishing offers at any time. If a current offer is deleted or modified by the seller, the latter cannot claim a refund or a reduction in the boosts due. Depending on the type of offer modification, additional fees may be payable, especially if additional boosts are selected by the seller.

5.5.1 Re-listing items

When entering the offer, the seller can determine whether the item should be relisted automatically by the system, if at the end of the period, the sale has not taken place. An item put up for sale in auction format can be relisted up to 3 times. An item put up for sale in fixed price format cannot be relisted, except in the case of multiple quantities where at least one quantity is sold. In the event of relisting, the calculation of fees is based on the recorded data of the last expired offer. The fees relating to boosts, applicable at the time of relisting are due immediately and are automatically debited from the seller's Tawadoo account. This rule also applies to manual relisting made through the user account.

5.5.2 Issuance of payment request

A VAT compliant receipt is issued after payment of the fees and can be downloaded in the “My Profile” overview.

5.5.3 Payment method

Payments can be made using the payment methods listed below. Some payment methods may incur processing fees. Payment by credit card (Mastercard, Visa or American Express) Payments by Apple Pay Payment by e- banking via the Internet Payment at the bank or post office counter (plus handling fees) Payment in foreign currency (no more writing fees)

5.6 Reimbursement of expenses

5.6.1 Reimbursement of the success commission

The sales costs are refunded at the request of the seller if the buyer does not pay the purchase price even though the seller has duly fulfilled all of his obligations (Withdrawal from the contract, see: Relations between seller and buyer / Withdrawal). If both parties terminate the contract by mutual agreement to resolve a dispute, the seller may also request that Tawadoo credit the success fee. The seller must submit his request using an online form in his user center. This request must be submitted no later than 7 days after the conclusion of the sale (end of the auction). Refund requests submitted after this deadline will not be considered and the seller will not be entitled to any refund of the success fee. When a request for a refund of closing costs is approved by Tawadoo, the corresponding fees are credited to the seller's Tawadoo account only in the form of Tokens. The seller is not entitled to a cash payment or transfer of these fees. This also applies to the refund of fees for offers deleted by Tawadoo.

5.6.2 Reimbursement of boosts

Boosts are non-refundable. Cancellation of an offer by Tawadoo for non-compliance with the sales rules does not entitle you to a refund of boosts. Boosts remain due and non-refundable in the event of accidental posting or deletion of the offer by the seller. This is valid for offers planned but not yet activated.

6 Relationship between seller and buyer

6.1 General

Tawadoo assumes no responsibility for non-compliance with the principle of good faith between members in transactions carried out on its platform. In particular, Tawadoo assumes no responsibility for compliance with contractual obligations existing between members.

6.2 Procedure for inserting for auctions, fixed price or direct purchase price

6.2.1 Binding nature of the seller's offer

From that moment on that no counter-offer has been made in relation to the seller's offer, the latter is entitled to delete his own offer and therefore to withdraw it. Once an offer has been made in relation to his offer, the seller is bound by that offer.

6.2.2 Form of the offer

The offer can only be published in the mask provided for this purpose and on the page of the appropriate category. Offers published in any other form, in particular by email, are not valid and will be ignored.

6.2.3 Binding nature of offers

By making an auction offer, the bidder agrees to purchase the product offered for sale under the conditions defined by the seller or agreed individually with him (terms of payment, transport, delivery, etc.) in the event that his offer is the highest at the close of the auction. The bidder is bound by his offer as long as no one has outbid him. It is not possible to change or withdraw a bid. In the case of multiple auctions, a bid is only eliminated when higher bids exhaust the number of items offered for sale. If another bidder only outbids a portion of the products for which the first bidder has made a bid, the latter is obliged to purchase this lower number of items at the corresponding price. If a bid is deleted, the subsequent bid only takes effect with the express consent of the bidder concerned. If the description of an offer is modified after one or more offers have been made and said modification does not add value to the product described, the bidder who made the highest offer at that time or, in the case of a multiple auction, the bidders whose offers would be the highest if the sale were concluded, is (are) entitled to withdraw his (her) offer(s). In this case, we ask this (these) bidder(s) to send an email to contact@tawadoo.ma . If one of the members makes a price proposal using the input mask, this corresponds to a binding purchase offer. No change to the offer price or withdrawal is possible. If the seller accepts the price proposal within the specified period, a transaction is concluded between the seller and the buyer. This applies to the product in question and is then carried out under the seller's conditions (payment terms, mode of transport, delivery costs, etc.) and at the price offered by the buyer. The potential buyer is bound by his price proposal. offer loses all validity if it is rejected by the seller or if the validity period of the price proposal is exceeded (deadline).

6.2.4 Conclusion of the contract

At the end of the offer period, a sales contract is automatically concluded between the seller and the bidder to whom the product was awarded. “Outright Purchase” price or the “Fixed Price Item” price, a sales contract is automatically and immediately concluded between the seller and said bidder.

6.2.5 Content of the contract

a) Seller's Conditions

The content of the concluded contract is based on the description of the product made by the seller (including additions, for example the details published by the seller in the "Questions " section), the conditions that he has defined, as they were visible in the offer published on Tawadoo at the time of the award to the buyer, and any agreements made between the two parties before the conclusion of the contract. Upon payment of the purchase price, the seller is obliged to transfer to the buyer possession and ownership of the product free from encumbrances and third-party rights. Exclusions of liability in this regard are not admissible. Tawadoo fees on the buyer is not permitted and therefore does not form part of the content of the contract. The price is always inclusive of VAT, unless the seller delivers the goods to the buyer directly from abroad. In this case, the seller is obliged to clearly draw attention to all additional costs incurred, such as VAT, customs duties, etc.

b) Product description

The description of the product is an integral part of the contract, that is to say, the seller guarantees that the product has all the qualities and properties described in the offer. If certain information does not constitute a guarantee, the seller is required to specify this clearly and expressly in his offer.

c) Content in the absence of deviating conditions specified by the seller when purchasing goods

If, at the time a bidder makes an offer, the seller has not specified any deviating conditions or description of the product, and if the parties involved have not agreed otherwise, the following contractual content applies: The seller is liable for defects and hidden defect in the item, i.e. for defects not described ou non apparent au moment de la vente which significantly impair the value or use of the item for the intended purpose. In particular, in the absence of a deviating description, the seller is liable for the proper functioning of a device sold. The risk of loss of the product is assumed by the buyer at the time the product is shipped or handed over to the buyer. Any recycling fee is included in the purchase price and therefore does not have to be paid in addition by the buyer. All disputes arising between the contracting parties in connection with the offer shall be governed by Moroccan law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), even where one of the parties is domiciled outside the territory of Morocco.

6.2.6 Execution of the contract

a) General

Both contracting parties undertake to fully and timely comply with the obligations arising from the sales contract. The execution of the contract is the responsibility of both parties; the completion of the transaction is carried out according to the obligation’s respective contractual terms. This applies in particular also to the expiry of the individual contractual services (i.e. the time from which the actual service is requested and can also be legally demanded). If the offer does not contain any rules on this subject and the parties have not agreed otherwise between themselves, the following letters be apply:

b) Communication

Each party is required to communicate to the other party within 3 days of the conclusion of the contract the data necessary for the latter to be able to fulfil said contract. This concerns in particular postal or bank references, in the event that the seller has offered payment by postal or bank transfer in its payment terms and these details do not appear in the seller's " End of transaction message". If one of the parties lacks information from the other party that is essential for fulfilling the contract, the former is obliged to request it from the latter within 7 days of the conclusion of the contract at least twice by email and once by telephone. If these requests remain unanswered, the requesting party is entitled to withdraw retracted from the contract within 7 days of the conclusion of the said contract.

c) Deadline

The contractual service owed must be provided in full and in good order within 14 calendar days of receipt of the information required for the provision of the service (see above Communication). The contractual partner must also provide its service in full and in good order within 14 calendar days of receipt of the information required for the provision of the service. This period of 14 calendar days also applies in the event of collection of the goods from the seller against payment in cash.

6.2.7 Withdrawal

If a member fails to provide the services to which he is obliged despite several requests, the contractual partner is entitled to withdraw from the contract and to demand in return all the services he has already provided. This does not apply if the contractual partner has himself caused the execution of the services to fail (examples: the contractual partner did not show up at the appointment set for the delivery of the product or the member has not provided his bank or postal details despite several requests).

6.2.8 Product Defects

If a product is affected by a damage or defect not mentioned in the description of the offer and this defect significantly or completely reduces the value or the proper functioning of said product compared to the intended use, the buyer is obliged to inform the seller within 7 calendar days of delivery of the product to demand a repair at the seller's expense. The same applies if the product is missing a property mentioned in the description of the offer. The buyer will try to bring the product to the seller's service point or send it to him at his own expense. Any other warranty rights, such as termination of the sale, price reduction or replacement of the product are excluded. Specific agreements between the seller and the buyer regarding warranties remain valid.

7 Mobile devices

Tawadoo may allow its members to access offers and content on the Tawadoo sites and to participate in auctions or conclude the contract using a mobile device. Tawadoo reserves the right, however, to exclude from this possibility certain content, services or functions, which are available on the Tawadoo site. In particular, certain publication options may not be represented correctly when accessed via a mobile device. Tawadoo provides its members with special programs (e.g. iPhone application) for mobile access to the Tawadoo website. The right to use these programs is subject to acceptance of separate terms of use and license. Tawadoo has the right to technically modify and adapt the offers and contents of the members, so that these can be represented on mobile devices. Members are aware that the appearance of offers on mobile devices may differ from the appearance of the offer on the Tawadoo website. Despite this, members remain bound by offers or the conclusion of a contract, made through a mobile device in the same way as if this offer or contract had been given, respectively concluded by the website.

8 Data protection

Tawadoo processes personal data collected from members in accordance with the data protection declaration.

9 Transfer of rights and obligations to third parties

Tawadoo reserves the right to assign to a third party or have a third party perform all or part of the rights and obligations resulting from these T&Cs U. Membership and all rights and obligations of the current or former member towards Tawadoo cannot be transferred by said member.

10 Exclusion of liability of Tawadoo

10.1 General

Tawadoo shall only be liable for direct damages resulting from willful intent or gross negligence on the part of Tawadoo. Tawadoo 's liability for direct damages due to slight negligence - regardless of the legal basis - is expressly excluded, subject to mandatory statutory provisions. Any liability of Tawadoo for indirect or consequential damages, regardless of the legal basis, is fully and expressly excluded.

10.2 Technical faults / Maintenance

Tawadoo shall only be liable for temporary unavailability of its website/platform, failure of some or all functions of the website or for malfunctions of the website resulting from wilful intent or gross negligence on its part. In the event of slight negligence, Tawadoo shall in particular not be liable for technical problems due to which bids or auction offers are accepted or processed late or incorrectly. In particular, Tawadoo does not provide any guarantee for the consistency between the system time and the official time. Tawadoo website and/or mobile application may be partially or completely unavailable for a certain period of time, which does not, however, give rise to any claim on the part of users or members against Tawadoo. As a matter of principle, auctions that have been significantly influenced by a system failure are automatically extended.

10.3 Contents and offers

It is expressly recalled that Tawadoo’s role is strictly limited to providing a platform for exchanges between members and, consequently, is not required to verify offers, ratings or other information posted by members on its platform Tawadoo expressly assumes no liability for: the truthfulness and accuracy of the content of the offers the quality, safety, legality or availability of the products offered for sale the ability, authorization and willingness of members for the purpose of offers, purchase, delivery, payment or other execution of the contract the accuracy of translations provided when using the machine translation feature.

10.4 Members and third parties

Tawadoo specifically excludes any liability for damage suffered by members or third parties following the use or abuse of the platform by other members or third parties.

10.5 Interconnected Websites

Tawadoo provides no guarantee and assumes no liability for the topicality, accuracy, legality, completeness or quality of the content of websites accessible via a link on the Tawadoo website.

11 Compensation

If other members, users or third parties take legal action against Tawadoo due to a violation of their rights by the offers or content published by a member or due to other use of the Tawadoo website by a member or user, such member or user expressly acknowledges releases Tawadoo from all such claims and bears the costs of Tawadoo's defense (including court costs and attorneys' fees).

12 Release clause

Should individually provisions of these T&Cs be wholly or partially void and/or inapplicable, the validity and/or application of the remaining provisions or part thereof shall not be affected. The inapplicable and/or void provisions shall then be replaced by legally valid provisions that come closest to the meaning and economic reasoning of the inapplicable and/or void provisions. The same shall apply in the event of a gap in the regulations.

13 Applicable Law and Dispute Resolution

These T&Cs are subject to Moroccan law. The member and Tawadoo agree to do their utmost to resolve amicably any dispute that may arise from the interpretation, execution and/or termination of these T&Cs. Failing that, any dispute relating to the interpretation, performance, validity and/or termination of these Terms and Conditions shall be subject to the exclusive jurisdiction of the Commercial Court of Casablanca.

13. Right of Withdrawal

In accordance with current legislation, users of the Tawadoo platform benefit from a right of withdrawal for transactions carried out via the platform, subject to the specific conditions for each type of product or service. This right allows buyers to withdraw from their purchase within 14 days from receipt of the goods or conclusion of the service contract, without having to justify their decision or incur penalties. To exercise this right, the user must notify his decision to withdraw via the means of communication made available to him by the platform, such as an online form or an email. It is important to note that certain categories of products or services, including perishable goods, personalized items, or won auctions, may be exempt from this right of withdrawal in accordance with the applicable regulations. In the event of a valid withdrawal, the user will be fully reimbursed for the amounts paid, including standard delivery costs, within a maximum of 14 days following notification of withdrawal, subject to the return of the product in its original condition if applicable.

14. Refund conditions

Users of the Tawadoo platform may be eligible for a refund under certain specific conditions, depending on the type of transaction made and the rules applied to each service. For services subscribed to on Tawadoo, a refund may be requested if the service has not been fully used or consumed and if the request is made within the time limits provided for in the specific conditions of the service in question. With regard to subscription packs or paid options related to the promotion of advertisements, refunds are not permitted, except in the event of a proven malfunction of the service or a technical error attributable to the platform. Any refund request must be made through Tawadoo 's official communication channels. contact@tawadoo.ma , providing the necessary evidence and reasons justifying the request. Tawadoo undertakes to process refund requests within a maximum of 14 working days after receipt of the request and the required supporting documents. Refunds will be made via the same means of payment as that used during the initial transaction, unless otherwise specifically agreed between the parties.

15. Security of financial transactions

The security of financial transactions on the Tawadoo platform is a top priority. Tawadoo implements advanced security measures to protect users' financial information and ensure that all transactions made through the platform are secure and confidential. Payments made on Tawadoo are processed by certified payment service providers, which use encryption technologies that meet the highest industry standards to protect user data. Tawadoo does not directly store sensitive information such as credit card numbers or security codes on its servers. All payment information is transmitted over secure connections (SSL/TLS) to prevent unauthorized access. Additionally, Tawadoo provides additional protection against fraud by actively monitoring suspicious transactions and imposing additional verifications when necessary. Tawadoo will not be liable for any financial losses resulting from user negligence or unauthorized use of the user's account. However, in the event of proven fraud or a security breach of the platform, Tawadoo undertakes to reimburse the amounts concerned, subject to a full investigation and confirmation of the fraud by its technical and security teams.

16. Intellectual Property

Tawadoo respects everyone's intellectual property rights and is committed to protecting those rights on its platform. By posting content on Tawadoo, users grant the platform a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, distribute, publicly display, and publicly perform the submitted content solely for the purpose of operating and promoting the platform. Users retain all intellectual property rights in the content they post. In the event of an alleged infringement of intellectual property rights, Tawadoo provides a reporting mechanism for rights holders. Any person who believes that their work has been copied in a way that constitutes an infringement of their intellectual property rights must provide Tawadoo with a complaint detailing the alleged infringement. Tawadoo will promptly review such notices and take appropriate action, which may include removing the infringing content or suspending the infringing user's account. Tawadoo also reserves the right to cooperate with law enforcement authorities in the event of litigation or legal requests regarding intellectual property violations.

17. Privacy policy and management of personal data

Tawadoo places the utmost importance on the confidentiality of its users' personal data and is committed to complying with current data protection regulations, including the General Data Protection Regulation (GDPR). This section details Tawadoo 's practices regarding the collection, use, and protection of users' personal information.

17.1. Consent to the use of Cookies

By using the Tawadoo platform, users consent to the use of cookies and other similar technologies to improve their Browse experience. Cookies are small text files placed on the user's device, allowing the browser to be recognized and certain information to be captured. Tawadoo uses cookies to personalize the content displayed, analyze traffic on the site, remember user preferences, and provide targeted advertising. Users have the ability to manage their cookie preferences through their browser settings and refuse the installation of certain cookies, although this may affect some functionality of the platform. Similarly, Tawadoo has no control over the process used by social networks and is in no way responsible for the collection of information relating to your Browse on our site and/or Application and associated with the personal data they have. We invite you to consult the privacy policies of these social networks in order to learn about the purposes of use, in particular advertising, of the Browse information that they can collect using these application buttons.

17.1.1 Cookie management:

Tawadoo uses two types of cookies on its platform, each having a distinct role in the operation and improvement of the user experience: Required Cookies: These cookies are essential for the proper functioning of the platform and are required to ensure certain basic functionalities. They cannot be disabled in our systems, as they allow the user to access essential services. These cookies include: · Authentication and identification cookies: These cookies are used to recognize the logged in user and ensure the continuity of their session throughout their use of the platform. They are used to manage secure connections and allow users to navigate between pages without having to reconnect at each step. · Preference management cookies: They record the user's settings (for example, preferred language or privacy preferences) in order to offer them a personalized experience. Without these cookies, it would be impossible for users to access the main features of our platform in a secure and continuous manner. Non-Mandatory Cookies (Audience and Performance Measurement Cookies): These cookies, although not essential to the operation of the platform, are important to help us constantly improve our site and better understand the needs of our users. They allow us to: · Analyze traffic and audience: These cookies collect anonymous information about how users interact with our platform (for example, which pages are most visited, duration of visits, etc.). This data is used to improve the functionality and ergonomics of the site. · Optimize performance: We use cookies to test different versions of our pages and to optimize their loading time or general performance. · Improve user experience: These cookies allow us to record data on the use of the site, such as the frequency of visits to certain sections, which helps us to adjust our content according to user preferences. These cookies are only activated after receiving the explicit consent of the user, in accordance with the current legislation GDPR. Users always have the option to refuse these cookies by adjusting their preferences in the cookie manager integrated into our platform.

17.2. Description of the data collected and their processing

Tawadoo collects various personal data in connection with the use of the platform, including, but not limited to, information provided during registration (name, first name, email address, telephone number, date of birth and gender), transaction information (payment details, purchase history), as well as Browse data (IP addresses, browser type, pages viewed). This data is collected to provide, improve, and personalize the services offered by Tawadoo, including managing user accounts, facilitating transactions, sending notifications, and analyzing user behavior to improve the overall experience on the platform. The data collected by Tawadoo is processed securely and is only accessible to authorized members of the Tawadoo team, or to trusted third-party service providers, for the purposes mentioned. Tawadoo does not sell or rent users' personal data to third parties without the users' explicit consent, unless this is necessary to comply with legal obligations or to protect the rights and safety of Tawadoo and its users. Users have rights over their personal data, including the right of access, rectification, deletion, and data portability, as well as the right to object to or restrict the processing of their data. To exercise these rights, users may contact Tawadoo’s customer service through the communication channels provided on the platform. Tawadoo undertakes to respond to user requests as promptly as possible and in accordance with applicable legal requirements.

18. Management of Inactive Accounts

Tawadoo reserves the right to manage user accounts that remain inactive for a long period of time. An account is considered inactive when there has been no connection or activity from the user for a period of 12 consecutive months. Before any deletion or archiving action, Tawadoo will send an email notice to the user concerned, inviting him/her to log in to keep his/her account active. If no response is received within 30 days of this notice, Tawadoo reserves the right to deactivate or delete the inactive account, including the associated data, in compliance with legal data retention obligations. Users may reactivate their account at any time prior to permanent deletion by logging back in and reactivating their profile. If an account is deleted, personal data and associated content will be securely deleted, unless required by law to be retained. Tawadoo is committed to treating data from inactive accounts with the same level of protection and confidentiality as active accounts.

19. Responsibility and Obligation

19.1. Responsibility and obligation of the user

Users of the Tawadoo platform are required to comply with the rules and conditions of use established by the platform. Each user is responsible for the accuracy and truthfulness of the information provided during registration and use of their account. It is strictly forbidden to share login details with third parties or allow access to their account by unauthorized persons. Users must ensure that they use the platform legally, avoiding any fraudulent, defamatory, or immoral activity. Any abusive use or use that does not comply with these general conditions of use may result in the suspension or deletion of the account, without notice.

19.2. Liability and obligation of the advertiser

Advertisers on Tawadoo are required to publish accurate, honest, and legally compliant ads. They must provide a detailed and correct description of the goods or services offered, including all relevant information such as condition, price, and conditions of sale. It is prohibited to publish misleading, inappropriate, or false information ads. The advertiser is also responsible for ensuring that the content of their ads does not infringe any intellectual property rights or other rights of a third party. Tawadoo reserves the right to remove any ad that does not comply with these obligations, without notice and without reimbursement of costs incurred.

19.2. Responsibility and obligation of the seller

Sellers on Tawadoo must guarantee that the products or services they offer for sale are legal, available, and conform to the description provided in the advertisement. They are responsible for the quality, safety, and conformity of the goods sold. The seller must also process orders quickly and efficiently, respecting the agreed delivery or execution times. Any claim or dispute with a buyer must be managed diligently and professionally. In the event of an auction, the seller is required to comply with the specific rules related to this method of sale, in particular with regard to the transparency of auctions and honesty in determining the starting price and the conditions of the auction.

19.3. Responsibility and obligation of the professional seller

Professional sellers using Tawadoo to sell goods or services are subject to additional obligations due to their professional status. They must not only comply with all seller obligations, but also comply with regulations specific to their sector of activity, including consumer protection laws, the legal guarantee of conformity, and tax obligations. Professional sellers must clearly display their professional status on their profile and in their advertisements, and are required to provide complete and transparent information about their business, including contact details and required legal notices. In addition, professional sellers must provide quality customer service, handle returns and complaints in accordance with legal obligations, and respect consumers' rights of withdrawal. Failure to comply with these obligations may result in sanctions, ranging from temporary suspension to permanent deletion of the account on Tawadoo.