GCU

GENERAL CONDITIONS OF USE FOR CONSUMERS AND NON-PROFESSIONALS

Esprit Gourmand website

Update date: date

1.IDENTIFICATION OF THE SELLER

This site accessible at the address https://www.espritgourmand.com/ (hereinafter referred to as "the Site") is published by COMPAGNIE ALIMENTAIRE, with a capital of 43,447.68 euros, whose registered office is ZAC de l'Agavon, 1 Rue Guy de Maupassant, 13170 Les Pennes Mirabeau, registered in the Trade and Companies Register of Aix-en-Provence under number 399 378 629, represented by Catherine Bertrand, in her capacity as CEO, whose intra-community VAT number is FR47 399 378 629.

Telephone number: +33(0)4.42.43.46.36 E-mail address: ca@espritgourmand.com, Hereinafter referred to as the “Seller”.

The hosting of the Website is provided by the company OVH, SAS with a capital of €10,174,560.00 - RCS LILLE METROPOLE 424 761 419 00045 Located at 2 rue kellermann BP 80157 59053 ROUBAIX CEDEX 1

Access to the Site, its consultation and its use are subject to the unreserved acceptance of these General Conditions of Use (GCU).

2.ACCESS TO THE SITE

The Site is accessible free of charge to any Internet user and anonymously (hereinafter referred to as "the Internet user"). On the contrary, the purchase of Products is exclusively reserved for the Customer who has registered an account (hereinafter referred to as "the Customer").

All Internet users must have Internet access subscribed to with the provider of their choice, be at least 18 years old and be legally capable of contracting and using the Site in accordance with these T&Cs.

The Internet user or the Customer is personally responsible for setting up the IT and telecommunications resources allowing access to the Site. He bears the cost of telecommunications when accessing the Internet and using the Site.

Any equipment connected to the Site is and remains the full responsibility of the Internet User and the Customer, and excludes any implementation of the Vendor's liability in the event of direct or indirect damage resulting from its connection to the Site. It is up to the Internet user or the Customer to take any measure enabling him to ensure the security of his equipment and his data, in particular to avoid contamination by any virus and/or attempted intrusion of which he could be a victim.

The Seller implements the technical solutions at its disposal to allow continuous access to the Site 24 hours a day, 7 days a week and to ensure the proper functioning of the Site. The Internet user or the Customer acknowledges that the reliability of transmissions is uncertain due, in particular, to the heterogeneous nature of the infrastructures and networks on which they circulate and that, in particular, breakdowns that may occur, in particular in the event of force majeure, bad operation of equipment, malfunctions of the Internet user's/customer's internet network, maintenance operations intended to improve the Site. Consequently, the Seller cannot be held responsible for an interruption of services, whether voluntary or not, it being specified that it undertakes to make its best efforts to limit the interruptions which would be attributable to it.

The Seller reserves the right, without notice or compensation, to temporarily or permanently close or limit access to all or part of the Site in order to make updates, modifications, or changes to operational methods, servers and the hours of accessibility or any other action deemed necessary for the proper functioning of the Site.

3.SCOPE

These General Conditions of Use (hereinafter "GCU") govern without restriction or reservation all the services offered by the Site to the Internet user as well as the sales concluded by COMPAGNIE ALIMENTAIRE (hereinafter "the Seller") to consumers and non-professional buyers (hereinafter "the Customer" or "the Customers"), wishing to acquire the products offered for sale by the Seller (hereinafter "the Product" or "the Products ”) on the website www.maisonnaja.com (hereinafter “the Site”).

These T&Cs specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

These T&Cs are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document.

By placing an order with the Seller, the Customer acknowledges having fully understood these T&Cs, accepts them fully and without reservation by ticking a box provided for this purpose, when creating his account and prior to placing orders. These T&Cs are therefore fully enforceable against the Customer.

The T&Cs are made available to Customers on the Site where they can be directly consulted and can also be communicated to the Customer upon simple request addressed to the Seller by telephone, e-mail or post.

These Terms may be modified at any time, without notice, however the version applicable to the Customer's purchase is that in force on the Site on the date the order is placed. Any modification of the T&Cs will result in a modification of the "Date of update" which appears at the top of the document. Customers are invited to regularly consult the T&Cs in order to be aware of any changes made. The Seller will inform Customers of the changes made to these T&Cs 5 days before they are put online on the Site.

In the absence of adherence to the new T&Cs, the Customer has a period of 24 hours from the date of notification to notify the Seller by e-mail. In the event that the Customer has not notified his disagreement within the period provided for above, he will be deemed to have accepted the modifications.

The T&Cs are exclusively applicable to services provided in France and/or in the European Union.

These T&Cs apply for the entire duration of the Products offered for sale by the Seller.

The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Site.

4.PRODUCTS

The Products offered for sale on the Site are as follows:

  • Aperitif dried fruits; caramelized nuts coated with chocolate

The characteristics of the following Products are presented on the Site:

  • The name of the foodstuff;
  • The list of ingredients;
  • Possible allergens;
  • The quantity of certain ingredients or categories of ingredients;
  • The net quantity of foodstuff;
  • The special storage and/or use conditions;
  • The name or business name and address of the food business operator;
  • The country of origin or place of provenance;
  • Instructions for use, when its absence would make it difficult to use the foodstuff appropriately;
  • A nutritional declaration.

This various information, in addition to the date of minimum durability or the expiry date, is also mentioned on the Products purchased by the Customer, its packaging or its information leaflet.

The Customer is required to refer to the description of each Product in order to obtain the aforementioned information.

Online product sales offers are valid as long as the products appear in the electronic catalog and within the limits of available stocks, as specified when placing the order. In case of exhaustion of stock, the Seller does its best to remove the product from the Site.

In the event of unavailability of the product ordered, the Seller shall immediately inform the Customer and may offer him a product of equivalent quality and price or, failing that, a purchase voucher for the amount of the order which may be used for any next order.

In the event of the Customer's disagreement, the Seller shall reimburse the sums paid by the Customer within 15 days of payment of the order. Apart from reimbursement of the price of the unavailable Product, the Seller is not liable for any cancellation compensation.

5.ORDER

The Customer has the possibility of placing his order online against payment, from the online catalog on this Site.

5.1. Creation of a Customer Account and/or Customer Identification

To be able to place Orders, the Customer must create an account by registering for free on the Site from his email address. To do this, the Customer enters his email address and clicks on “validate”.

A new page opens on which the Customer is asked to fill in a certain amount of mandatory personal information such as his name, first name, email, password, address and telephone, as well as certain other personal information on an optional basis ( title, date of birth). Registration is conditional on the acceptance of these T&Cs by the Customer, who must tick a box provided for this purpose prior to the registration request.

An email confirming the opening of the Customer's account summarizing his identifiers and login is sent to him by the Seller following his registration.

The Customer is solely responsible for any use that may be made of his identifiers and password, and the sole guarantor of their confidentiality, as well as any use of his account. Any purchase of Products and transmission of data from his account will be deemed to have been made by the Customer.

The Customer ID is personal. Any loss or omission must be reported to the Seller's services as soon as possible by contacting the Seller's customer service, by completing the form provided on the site or by calling the following number: +33 (0)4 42 43 46 36

The order can only be placed on the Site if the Customer has identified himself by entering his email address and password, which are strictly personal to him. To connect to the Site, the Customer must go to the "connection" tab at the top of the Site's home page.

As part of the registration of his account, the Customer is also asked if he wishes to subscribe to the newsletter and if he wishes to receive special offers from the Seller's partners.

The Customer can modify his account at any time by going to his personal space. He can also delete it at any time. To do this, simply click on the "Delete my account" button from the "My personal information" section, which leads to the automatic and immediate deletion of the Customer's account. Account deletion can also be requested from the Seller by mail or email subject to justifying being the account holder.

5.2.Order process

The acceptance of the offer by the Customer is validated, in accordance with the double click process, by the validation of the order, following the process below.

It is up to the Customer to select on the Site the Products he wishes to order for payment, according to the following terms:

The Customer identifies himself by entering his email address and password;

The Customer fills his virtual basket indicating the selected Product and the quantity;

After each selection, the Customer is taken to his virtual basket. The Customer then has the option of continuing his purchases or moving on to the “next step” of his order;
A summary of the sums he must pay to the Seller in the event of acceptance of his order, including shipping costs, appears on this page.

Once the Customer's virtual basket is filled, the latter must select the address to which he wishes the Products to be delivered to him;

The Customer is then asked to accept these General Conditions of Use and all information relating to the terms of delivery is sent to him;

Finally, the Customer is directed to the various means of payment made available to him under the conditions provided for in Article 6.

At any time the Customer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or modify his order until payment by the Customer.

Any modification of the order by the Customer after having made the payment is subject to the acceptance of the Seller.

The online provision of the credit card number and the final validation of the order will be worth proof of signature and acceptance of the purchase of the entirety of the said order and making payable the sums committed by the order.

The sales contract is formed at the time of validation of the order by the Customer.

An email confirming the order containing proof of payment is sent by email to the Customer as soon as possible, to the email address entered in the Customer's account.

However, delivery can only take place after receipt by the Customer of this order confirmation and receipt by the Seller of the full price.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer undertakes to provide accurate information and to update it without delay in the event of changes. If the information entered by the Customer on the Site is incorrect, the Seller cannot be held responsible for the consequences resulting therefrom and, in particular, for the impossibility in which it could be to deliver the Product ordered.

5.3 Proof of order

The computerized registers, kept in the Seller's computer systems under reasonable security conditions, will be considered as proof of the conclusion of the sales contract concluded between the parties thanks to the exchanges of communication, orders and payments made between them.

It is expressly agreed that, except for manifest error on the part of the Seller, the data stored in the Seller's information system has probative value with regard to orders placed by the Customer. Data on computer or electronic media constitute valid evidence and as such are admissible under the same conditions and with the same probative force as any document that would be drawn up, received or kept in writing.

Archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1379 of the Civil Code.

6.FINANCIAL CONDITIONS AND METHODS OF PAYMENT

6.1. Financial conditions

The prices of the Products are indicated on the Site, they are in Euros all taxes included, excluding delivery and transport costs, which are mentioned before validation of the order and invoiced in addition.

They take into account the VAT applicable on the day of the order. Any change in the applicable VAT rate may be passed on to the prices of the Products.

These prices are those in force on the day of the order, are firm and non-revisable during their period of validity, as indicated on the Site, the Seller reserving the right outside this period of validity to modify the prices at any time.

The prices do not include shipping costs, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to the validation of the order and payment by the Customer.

The total amount owed by the Customer is indicated in the "CART" section as the Products are selected, and on the order confirmation page entitled "SUMMARY" and finally, when choosing the method of payment. by the customer. All orders will be invoiced in accordance with the price listed on the Site on the date of payment of the order by the Seller.

The Products remain the property of the Seller until full payment of the price.

In any case, the order can be canceled by the Seller in the event of non‐payment of the price (or the balance of the price) at the time of delivery.

6.2.Payment methods

The price of the order is payable in cash, in full on the day of validation of the order by the Customer, by means of secure payment, by bank card: Visa, MasterCard, credit cards via the secure payment system "Systempay".

The processing of the payment and the Customer's bank details is carried out by the Crédit Agricole Systempay payment service, made available by the Seller's partner bank in order to secure the payment.

The Customer is solely responsible for the transmission of his bank details. The Seller is at no time the recipient of the Customer's bank details.

The information transmitted is encrypted and never circulates unencrypted on the network. The security protocol used (SSL) guarantees total confidentiality of personal information transmitted over the Internet.

The processing of the Customer's order can only take place from the moment his payment has been accepted and this acceptance transmitted to the Seller's services by his partner bank.

Any outstanding payment or payment incident due to the fraudulent use of a bank card will lead to the registration of the data relating to the order and associated with this outstanding payment in a "payment incidents" file.

However, in the event of fraudulent use of his bank card, the Customer is invited, as soon as this use is observed, to contact the Seller's customer service by calling the following telephone number: +33 (0)4 42 43 46 36

6.3.Signature and proof

For any payment by credit card on the Site, the certificate issued by the electronic payment manager will serve as proof of the amount and date of the transaction, in accordance with the provisions of articles 1367 and following of the Civil Code.

The data recorded by the payment system constitutes proof of the financial transactions and the validation of the order is worth signature and unconditional acceptance of all the operations carried out on the Site.

7.RIGHT OF WITHDRAWAL

The Customer is informed that he has a right of withdrawal under the conditions set out below in this article, with the exception of the following Products (hereinafter referred to as "Products that cannot be the subject of a right to retract ") :

  • Products made according to the Customer's specifications or clearly personalized, such as, for example, mixtures of dried fruits made at the Customer's request;
  • Products likely to deteriorate or expire rapidly. For the purpose of this article, is considered as such, any Product with a use-by date (DLC), unlike products with a date of minimum durability (DDM) (formerly "optimal use-by date" (DLUO These information notices are provided on the Product label.
  • Products which have been unsealed by the Customer after delivery and which cannot be returned for hygiene reasons.

7.1. For Products subject to a right of withdrawal

With regard to Products not referred to in the list of Products excluded from withdrawal and in accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal free of charge from the Seller, without having to justify reasons or pay a penalty.

To exercise his right of withdrawal, the Customer must notify the Seller, imperatively before the expiry of this period of 14 days following receipt of all the Products purchased:

  • his name, his geographical address and, when available, his telephone number, and his e-mail address;
  • his decision to withdraw from the contract by means of an unambiguous declaration.

The Customer can use the model withdrawal form below but it is not mandatory.

An acknowledgment of receipt of the exercise of his right of withdrawal will be communicated by the Seller.

Form: the Customer can complete and use this form if he wishes to withdraw from the contract

Attention FOOD COMPANY:

I, the undersigned (Name / Surname to be completed) hereby notify you of my withdrawal from the contract of sale:

  • registered under the number …………
  • products ordered on: ………………………………..
  • products received on: ………………………………..

Client name : ……………………………..

Customer's address: …………………………….

Telephone number: …………………………….

Email address : ……………………………..

Date : ……………………………..

Signature of the Customer only in the event of notification of this form on paper

The simple return of the Product without notification of the exercise of this right or the refusal to take delivery are not sufficient to express the Customer's desire to withdraw.

In the event of withdrawal, the Seller will reimburse the Customer for all payments received, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive standard delivery than the Seller offers) no later than fourteen days from the day on which the Seller has received the returned Products which have been the subject of the withdrawal.

The Seller will make the refund using the same means of payment as the Customer used for the initial transaction. With the express agreement of the Client, another means may however be used. In any event, this refund will not incur any costs for the Customer.

It is recalled that the responsibility of the Customer, in the event of withdrawal after use of the Product(s), is engaged with regard to the depreciation of the Product(s) resulting from manipulations other than those necessary to establish the nature, characteristics and good functioning of this or these Products.

The Products subject to the return must be returned in their original condition, new and complete (unopened packaging) allowing them to be put back on the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back.

7.2.For Products that cannot be the subject of a right of withdrawal

In accordance with the legal provisions in force, the right of withdrawal cannot be exercised for certain Products which cannot be the subject of a right of withdrawal as defined at the start of this article.

Consequently, orders made up of Products that cannot be the subject of a right of withdrawal, are concluded definitively as soon as the order is placed by the Customer according to the methods specified in these T&Cs.

8.DELIVERY AND SHIPPING COSTS

8.1.Delivery

The delivery of the Products ordered by the Customer will be made to the address indicated by the Customer when placing his order.

The Seller provides the Customer with the following delivery method:

  • To the delivery address appearing on the order by Chronopost.

Delivery is made according to the conditions provided by Chronopost. In the event of the Customer's absence on the day of delivery and in the absence of collection of the Product at the collection point indicated by Chronopost within the period indicated by the latter, the Product will be returned to the Seller, who may automatically resolve the command.

When the Product is delivered to the address indicated when ordering by a carrier, it is up to the Customer to check in the presence of the delivery person the condition of the product delivered and, in the event of damage or missing items, to express reservations. on the delivery note or on the transport receipt, and possibly to refuse the product and notify the Seller.

8.2.Delivery times

The Products are delivered on the date or within the period indicated when the Customer places the order, on the “Shipping costs” summary page before payment of the order. In the absence of an indication as to the delivery date, the Seller undertakes in any case to deliver the products or to provide the services within 20 days of the signing of the contract.

In the event of a delay in delivery not due to a case of force majeure greater than seven days after the initially scheduled delivery date, the Customer will have the possibility of canceling his order, if, after having ordered the Seller to perform his obligation to delivery, the Product has not been delivered within a new period of 6 days, and under the following conditions:

  • By contacting the Seller by any means and in particular:

By telephone on 04 42 43 46 36 Monday to Friday, except public holidays or non-working days, from 8 a.m. to 5 p.m. Monday to Friday;
By e-mail to:
ca@espritgourmand.com
By post to the address: Zone de l’Agavon, 1 Avenue Guy de Maupassant, 13170 Les Pennes-Mirabeau

  • By clearly and unambiguously expressing their desire to cancel the order

In the event of a request for cancellation of the order for failure to deliver on time, the Customer undertakes to refuse the package if it has already been dispatched and delivered after the Customer's request for cancellation. In the event of cancellation, the reimbursement of the sums paid by the Customer will take place using the same means of payment as that used by the Customer during the initial transaction, unless otherwise agreed by the Parties, and at the latest within fourteen days following the date on which the contract was terminated by the Customer.

The Product, when delivered to the Customer by a carrier chosen by the Seller, travels at the risk and peril of the Seller.

8.3.Shipping costs

The shipping costs are invoiced to the Customer at the fixed cost mentioned in the "Summary" page as well as in the "Shipping costs" summary before payment of the order.

Any customs duties to be paid are at his expense.

All shipping costs are the responsibility of the Customer.

9.RESPONSIBILITY

The Products offered comply with the French legislation in force. The responsibility of the Seller cannot be engaged in the event of non-compliance with the legislation of the country where the Products are delivered.

It is up to the Customer to check with the local authorities the possibilities of importing or using the products or services he plans to order.

The Customer is also solely responsible for the choice of Products, their conservation and their use from the time of their delivery. The Seller cannot be held liable for immaterial or bodily damage that may result from the misuse of the Products.

In addition, the Parties cannot be held liable if the non-execution or the delay in the execution of any of their obligations, as described herein, results either from the unforeseeable and insurmountable fact of a third party to the contract or a case of force majeure, within the meaning of article 1218 of the Civil Code.

It is specified that the resolution of the order in the cases provided for in these T&Cs will be pronounced by simple registered letter with acknowledgment of receipt and will be automatically acquired without legal formality.

10.COMPLAINT

The risks relating to the Products ordered are transferred to the Customer upon receipt of his order.

Given the perishable nature of the Products, the Customer is required to immediately check the condition of the Products received and to formulate any reservations or complaints for non-compliance or apparent defect of the Products delivered according to the following terms:

  • In the event of a defect noted in the presence of the carrier, the Customer must refuse the order and issue all the reservations of non-compliance on the delivery note and notify the Seller of his refusal of the order by any means of communication;
  • In the event of a defect noted without the presence of the carrier, the Customer will send all complaints by registered letter with acknowledgment of receipt to the Seller.

The Seller will, at the Customer's choice, in accordance with Articles L217-9 and 10 of the Consumer Code, exchange or repair the returned Products.

If the repair and replacement of the Product are impossible, the Customer may return the Product to the Seller and have the price reimbursed in whole or in part. The same option is open to him if the exchange or the repair cannot be implemented within one month following the Customer's complaint, or if these cannot be done without major inconvenience for the Customer taking into account of the nature of the Product.

However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.

In the event of a complaint, the transport costs and other costs (eg customs) for the return of the Products to the Seller's address are the responsibility of the latter.

If the formalities defined in this article have not been complied with, the Products will be deemed to be compliant.

11.SELLER'S WARRANTIES

The Products sold on the Site comply with the regulations in force in France.

The Seller is liable for lack of conformity of the Product sold under the conditions of articles L217-4 and following of the Consumer Code and for hidden defects of the Product under the conditions provided for in articles 1641 and following of the Civil Code.

11.1. Legal guarantee of conformity

The Seller is required to deliver a Product that complies with the contract and is liable for any lack of conformity existing at the time of delivery of this Product under the conditions hereinafter reminded to the Customer:

  • Article L217-4 of the Consumer Code:

“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility”.

  • Article L217-5 of the Consumer Code:

“The property is in accordance with the contract:

1) If it is specific to the use usually expected of a similar item and, where applicable:

  • If it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
  • If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2) Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted”.

  • Article L217-12 of the Consumer Code:

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods”.

11.2.Legal guarantee against hidden defects

The Seller is required to guarantee the hidden defects of the Product sold under the conditions hereinafter reminded to the Customer:

  • Article 1641 of the Civil Code:

"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them.

  • Article 1648 of the Civil Code:

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.

When acting as a legal guarantee of conformity, the Customer:

  • Benefits from a period of two years from the delivery of the property to act;
  • Can choose between repairing or replacing the good, subject to the cost conditions provided for in article L217-9 of the Consumer Code;
  • Is exempted from providing proof of the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good, the Seller being able, however, to combat this presumption if it is not compatible with the nature of the Product or the alleged lack of conformity
  • May decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

12.MEDIATION

12.1.Prior complaint

In the event of a dispute, the Customer or the Internet user must first contact the Seller using the following means of communication:

On 04 42 43 46 36 Monday to Friday, except public holidays or non-working days, from 8 a.m. to 5 p.m. Monday to Friday;
By e-mail to:
ca@espritgourmand.com
;
By post to the address: Zone de l'Agavon, 1 Avenue Guy de Maupassant, 13170 Les Pennes-Mirabeau

12.2. Request for mediation

In the event of failure of the request for a complaint from the Seller or in the absence of a response from the latter within a period of two months, the Customer or the Internet user may submit the dispute opposing him to the Seller to a mediator who will attempt in complete independence and impartiality, to bring the Parties together with a view to reaching an amicable solution subject to the conditions provided for in Article L612-2 of the Consumer Code.

In accordance with Article L. 612-1 of the Consumer Code, you can use the mediation service free of charge: MEDIATION - LIVING BETTER TOGETHER

465 avenue de la Liberation 54000 NANCY

mediation@vivons-mieux-ensemble.fr

Jean-Philippe Duval 06 61 18 50 97

To submit a request for mediation, the Customer or Internet user can (i) complete the complaint form accessible on the mediator's website (https://www.mediation-vivons-mieux-ensemble.fr/), (ii) send his request by ordinary or registered mail, or (iii) send an email. In all cases, the Customer's or Internet User's request must contain the following elements: their postal, email and telephone details as well as the full name and address of the Seller with whom they are in dispute, a brief statement of the facts, and proof of prior steps with the Seller.

The Client or the Internet user remains free to accept or refuse the use of mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

The Customer or the Internet user is also informed of the possibility of entering the Online Dispute Resolution (ODR) platform made available by the European Commission and accessible at the following address: https://ec.europa.eu/ consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

In the absence of an amicable agreement, the Parties may also seize the competent court under the conditions provided for in Article 16.

13.GENERAL PROVISIONS

13.1. Entirety of these General Conditions of Use

The Parties acknowledge that these T&Cs constitute the entire agreement between them and supersede any prior written or verbal offer, provision or agreement.

13.2. Nullity

If any of the stipulations of these T&Cs proves to be invalid under a rule of law in force or a court decision that has become final, it would then be deemed unwritten without thereby invalidating these T&Cs or altering the validity of its other provisions.

13.3. Waiver

The fact that one or other of the parties does not claim the application of any clause of these T&Cs or acquiesces in their non-performance, whether permanently or temporarily, cannot be interpreted as a waiver by this Party to the rights resulting for it from the said clause.

13.4. Domiciliation

For any notification provided for herein, the Parties elect domicile:

For the Seller: at the address of its registered office
For the Customer: at the postal address indicated on the order form

14.APPLICABLE LAW AND COMPETENT COURTS

The validity, interpretation and execution of these General Conditions of Use are subject to French law.

Any question relating to the validity, interpretation, execution or non-execution of these General Conditions of Use will be subject, at the choice of the plaintiff, to the jurisdiction of the place where the defendant remains of the place of delivery, effective Products or the place of execution of the order.

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