Your consumer rights in Morocco: returns, warranties, doorstep selling and credit (Law 31-08)
Law 31-08 on consumer protection governs your dealings with any merchant or service provider in Morocco. Whether you buy in a shop, online, at your door or on credit, it gives you specific rights. Here are the essentials for knowing and exercising them.
Who is protected
The law protects the "consumer", that is, any person, natural or legal, who acquires or uses products, goods or services for their non-professional needs, for personal or family use (art. 2). On the other side, the "supplier" is the one acting in the course of a professional or commercial activity (art. 2). If you buy for your work or your business, you are not covered by these protections.
Your right to information
Before any purchase, the supplier must enable you to know the essential characteristics of the product, its origin and, where applicable, its expiry date, so that you make an informed choice (art. 3). It must also inform you, through marking, labelling or display, of the price, the instructions for use and the warranty period (art. 3). The displayed price must be the total price to be paid, including VAT and taxes, as well as any mandatory additional services (art. 5). Finally, after each purchase, you are entitled to an invoice, receipt or till slip (art. 4).
Delivery deadlines not met
Where delivery is not immediate and the price exceeds a threshold set by regulation, the supplier must specify in writing a deadline for delivery (art. 12). If this deadline is exceeded by more than 7 days, absent force majeure, you may cancel your commitment without going to court, by any means proving receipt (art. 13). You have 5 days after those 7 days to exercise this right (art. 13). The supplier must then refund the sums paid in advance within 7 days; beyond that, they bear interest at the legal rate (art. 14).
Unfair terms
A term is unfair if it creates, to your detriment, a significant imbalance between your rights and those of the supplier (art. 15). The law provides an indicative list of such terms, for example those that remove your right to compensation, allow the supplier to amend the contract unilaterally, or impose disproportionate penalties on you (art. 18). In the event of a dispute, it is for the supplier to prove that the term is not unfair (art. 17 [art. 18]). An unfair term is void, but the rest of the contract continues to apply if it can stand without it (art. 19).
Distance and online purchases
For a distance sale, the offer must state the product's characteristics, the supplier's identity and contact details, the delivery costs and the existence of a right of withdrawal (art. 29). The e-merchant must also give you easy access to the contractual terms, which you must accept before confirming the order (art. 30).
Your main tool is the right of withdrawal: you have 7 days to withdraw, without justifying yourself or paying penalties (apart from return costs), extended to 30 days if the supplier has not confirmed the required information in writing (art. 36). The period runs from receipt of the goods or acceptance of the offer for a service (art. 36). Once withdrawal is exercised, the supplier must refund you within 15 days at the latest; beyond that, interest at the legal rate runs automatically (art. 37).
This right has exceptions, in particular personalised goods, unsealed recordings or software, and newspapers and magazines (art. 38). Note also: you cannot be billed for a product you never ordered, and your silence does not amount to acceptance (art. 33). In the event of a dispute, the burden of proof falls on the supplier (art. 34).
Doorstep and telephone selling
If a seller approaches you at your home, your residence or your workplace, the transaction must be the subject of a written contract handed over on the spot, including a detachable withdrawal form (art. 47). The contract must, on pain of nullity, state the supplier's identity and address, the nature of the products, the total price and the conditions of withdrawal (art. 48).
You have 7 days, from the order, to withdraw by returning this form (art. 49). Any term making you waive this right is void (art. 49). During this period, no one may require any payment or consideration from you (art. 50). In the case of telephone selling, the seller must disclose their identity and the commercial purpose of the call, and you are bound only by your signature (art. 51).
Warranties and after-sales service
The legal warranty against defects in the thing sold applies to all your purchases from a supplier (art. 65). The supplier may add a contractual warranty to it, but must then clearly recall that the legal warranty applies in all cases (art. 67). This additional warranty must be in writing and specify its duration, scope and conditions (art. 66). The transport costs related to its performance are borne by the supplier (art. 68). If the goods remain under repair, the warranty period is extended by the same amount (art. 73).
Consumer credit
Any consumer credit transaction must be preceded by a prior written offer, clear and legible, allowing you to gauge your commitment (art. 77). The lender must maintain its conditions for at least 7 days (art. 77). This offer must in particular state the amount of the credit, its total cost and its overall effective rate (art. 78). Above all, you benefit from a 7-day period to reconsider your commitment thanks to a detachable form attached to the offer (art. 85).
In summary
Most of these provisions are a matter of public policy (art. 20, art. 44, art. 52): no contract can deprive you of these rights. If you run into difficulty, keep your invoices and written documents, observe the withdrawal deadlines, and demand in writing any refund or cancellation provided for by law.