Information and unfair terms
- The supplier must inform the consumer of the essential characteristics of the product or service, the price, delivery times and warranty conditions (Art. 3 et seq.).
- A term that creates, to the detriment of the consumer, a significant imbalance between the rights and obligations of the parties is unfair; it is deemed null and void (Arts. 15 to 19).
- Price display and labelling are mandatory; false or misleading advertising is penalised.
Distance selling and doorstep selling
- For contracts concluded at a distance, the consumer has a seven-day withdrawal period from receipt of the product or acceptance of the offer, without having to give reasons (Art. 36).
- In the case of doorstep selling at home or at the workplace, the contract is drawn up in writing and the consumer may withdraw within seven days (Art. 45 et seq.).
- In doorstep selling, the supplier may not require payment before the withdrawal period has expired.
Consumer credit and mortgage credit
- The prior credit offer must be given to the borrower and remain valid for at least seven days; the borrower has a seven-day withdrawal period (Art. 74 et seq.).
- Mortgage credit is subject to stricter formal requirements: written offer, ten-day cooling-off period, link between the loan and the financed transaction (Art. 113 et seq.).
- The judge may grant a consumer in difficulty time to pay and reduce excessive late-payment charges.
Key articles
Art. 15
« In contracts concluded between a supplier and a consumer, a term is unfair if its object or effect is to create, to the detriment of the consumer, a significant imbalance between the rights and obligations of the parties to the contract. »
Art. 36
« The consumer has a period of seven days in which to exercise the right of withdrawal in a distance sale, without having to give reasons or pay penalties, with the exception of return costs. »
A lawyer's points to watch
- Keep all contractual and advertising documents: they form the basis of an action for an unfair term or failure to inform.
- Withdrawal periods are short and run from specific dates (receipt, signature); act in writing with acknowledgement of receipt.
- Consumer disputes are in principle heard by the court of the consumer's domicile, which makes it easier for residents of the capital to bring proceedings in Rabat.
The English text on this page, including the quoted articles, is an unofficial translation. Information sheet prepared by Maître Lahfaia Law Firm, Rabat. It does not constitute legal advice. Only the text published in the Official Bulletin of the Kingdom of Morocco is authoritative; the articles cited may have been amended since this sheet was written.