Terms and Conditions

1. Publisher and host

The website is published by:

Company name

Herculex Flooring Factory

Address

Salé, Morocco

Phone

+212 661 73 49 55

E-mail

info@herculexfactory.com

Host: Netlify, Inc., San Francisco, California (United States), netlify.com.

2. Definitions

• Customer: anyone who places an order with Herculex.
• Consumer: a customer who is an individual acting for non-business purposes, within the meaning of Law No. 31-08.
• Professional: a customer acting in the course of their business (reseller, installer, architect, company, developer…).
• Products: LVT Dryback (glue-down SPC) flooring, wall panels and accessories made or sold by Herculex.
• Partner: an authorized reseller or an affiliate partner (for example a content creator) with a Herculex page or code.

3. Site access and acceptance

Access to the site is free. Browsing the site means you accept the rules of use below. Sending an order means you accept the Terms in force on the date of the order, which can be viewed and printed at any time on this page.

You agree to use the site fairly: not to disrupt it, not to try to access restricted areas without authorization, not to use robots to extract its content and not to send unlawful content.

4. Reseller and affiliate areas

Access to the reseller and affiliate areas is reserved for people approved by Herculex. You are responsible for keeping your login details confidential and for any use of your account; tell us immediately about any unauthorized use. Herculex may suspend an account for breach of these Terms or of the applicable agreement.

5. Intellectual property

The Herculex brand, logos, collection names, texts, photographs, renders, videos, catalogues and documents on the site are the exclusive property of Herculex or its licensors. Any reproduction, display or adaptation, in whole or in part, without prior written permission is prohibited. Downloadable documents may be viewed and shared for information purposes, without modification. Authorized resellers have a limited right of use defined in their agreement.

6. “Visualize at home” tool

The visualizer is a free service that uses an artificial intelligence tool to generate a simulation of our floors in a photo of your room. The number of renders per e-mail address is limited. Renders are for illustration only and not contractual: colors, proportions, perspective and laying patterns may differ from the real result.

You confirm that you hold the rights to the photo you send, and agree not to send images showing identifiable people without their consent, or any unlawful content. Herculex may refuse or stop a render without giving reasons.

7. Product information

We take great care in presenting our products. Photographs, renders and on-screen colors are for guidance; slight variations in shade and grain exist between production batches. We recommend ordering a sample and ordering the whole area from the same batch. The reference technical characteristics are those in the current Herculex data sheets and catalogues.

LVT Dryback is a glue-down floor covering, to be laid on a sound, dry, clean and level subfloor by a professional, following the Herculex installation guide and with a recommended adhesive.

8. Orders

The customer chooses products, formats and quantities, then sends the order with their contact details. A summary estimate is available immediately. Sending the order is an offer to buy: the contract is formed when Herculex confirms the order (by phone, WhatsApp or e-mail), stating availability, final price, payment terms and pickup or delivery. Herculex may refuse an order in case of unavailability, an abnormal order or a previous dispute, and will let you know.

We recommend ordering the room area plus about 15% for cuts. A minimum order may apply; it is shown on the order page.

Discount codes: one code per order; a code has no cash value and cannot be combined unless stated otherwise. An affiliate partner’s code is valid only on that partner’s page, for the duration of the partnership.

9. Prices

Prices for consumers are shown in Moroccan dirhams, including all taxes (VAT at the applicable rate, currently 20%), per square meter. Prices for professionals are shown excluding tax. Delivery costs are not included: they are communicated and accepted before the order is confirmed. The applicable price is the one in force on the date of the order, except in the case of an obvious clerical error.

10. Payment

No payment is taken online. Payment is made by bank transfer or any other method agreed at confirmation, within the legal limits on cash payments. A deposit may be requested before production starts; the balance is due before delivery or pickup. Products remain the property of Herculex until the price has been paid in full.

11. Delivery and pickup

Products are collected from the factory in Salé or delivered to the address given, at the cost stated at confirmation. Lead times are indicative; in case of a significant delay we will warn you, and you may cancel an order not yet shipped and be refunded any amounts paid. Risk passes to the customer when the products are handed over.

On receipt, check the number and condition of the boxes and note any reservations on the delivery note. Report any visible defect or missing product as soon as possible, and no later than 7 days, with photos, before installation. Installing a product means you accept its appearance.

12. Right of withdrawal (consumers)

Under Article 36 of Law No. 31-08, consumers have 7 days from receipt of the products to exercise their right of withdrawal, without giving reasons or paying any penalty, except for return costs. This period is extended to 30 days if Herculex has not confirmed in writing the information required by law.

To exercise it, tell us by e-mail or WhatsApp, quoting your order number. Products must be returned uninstalled, uncut, in their original boxes and in resaleable condition. Herculex refunds the amounts paid no later than 15 days after the right is exercised (Article 37), by the payment method used or another agreed method.

Under Article 38 of the same law, the right of withdrawal does not apply to products made to the customer’s specifications or clearly personalized (special dimensions, cuts or production made at their request).

13. Warranties

Legal warranty: all our products benefit from the legal warranty against defects in the thing sold provided for in Articles 549 et seq. of the Dahir forming the Code of Obligations and Contracts, and from the guarantees provided for by Law No. 31-08.

Herculex commercial warranty: in addition, LVT Dryback is guaranteed against manufacturing defects for 25 years in residential use and 15 years in commercial use, from the date of delivery or pickup, on presentation of the invoice or order form. This warranty requires installation in line with the Herculex guide, on a compliant subfloor and with a recommended adhesive, as well as normal use and maintenance. It does not cover: installation or subfloor defects, normal wear of the surface appearance, scratches, dents and damage caused by sharp objects, unprotected heavy loads or accidents, damage from fire, flooding or unsuitable cleaning products, or shade variations between batches within manufacturing tolerances.

For a covered defect, Herculex repairs or replaces the products concerned, or refunds their price if replacement is not possible. Unless the law provides otherwise, removal and reinstallation costs are not covered by the commercial warranty. For any claim, contact us with your order number and photos.

14. Liability

Herculex is not liable for damage resulting from installation, storage or use that does not follow its recommendations, nor for temporary interruptions or unavailability of the site, or the content of third-party sites it links to. Towards professionals, Herculex’s liability is limited to direct and foreseeable damage, up to the price of the products concerned. These limitations do not apply in the case of gross negligence or fraud, and do not affect consumers’ statutory rights.

15. Samples, resellers, affiliates and Academy

• Samples: the sample kit for professionals is free, while stocks last and at Herculex’s discretion.
• Authorized resellers: approval is granted by Herculex at its discretion; the relationship is governed by the Authorized Reseller Agreement.
• Affiliate partners: the commission due to the partner is calculated under the terms agreed with them and becomes payable once the customer has paid the order in full; it is zero if the order is cancelled. Partners must clearly disclose the commercial nature of their collaboration with Herculex in their posts.
• Herculex Academy: sending an application does not mean admission. Training is free; Herculex does not guarantee any level of income.

16. Personal data

Data collected when using the site and placing orders is processed in accordance with our Privacy Policy.

17. Force majeure

Herculex is not liable for failure or delay in performing its obligations due to force majeure within the meaning of Articles 268 and 269 of the Dahir forming the Code of Obligations and Contracts (natural disaster, fire, flood, epidemic, strike, administrative decision, supply disruption beyond its control…). The customer is informed as soon as possible.

18. Changes to the Terms

Herculex may change these Terms at any time. The Terms applicable to an order are those in force on the date it is sent.

19. Language

These Terms are written in French, Arabic and English. All three versions have equal value. In case of discrepancy, the version most favorable to the consumer applies; between professionals, the French version prevails.

20. Governing law and disputes

These Terms are governed by Moroccan law. If there is a problem, please contact us first: we always look for an amicable solution. Consumers may also contact a consumer protection association.

Failing agreement, consumers may bring proceedings before the court of their domicile or residence, in accordance with Law No. 31-08. Disputes with professionals fall under the exclusive jurisdiction of the Commercial Court of Casablanca. Consumers residing abroad keep the benefit of the more protective mandatory provisions of the law of their country of habitual residence.