These Terms and Conditions of Sale are edited by:
SOC JAMIQUA, a simplified joint stock company with a capital of €38,112.25, registered with the Paris Trade and Companies Register under number B 572 202 976, whose registered office is located at 4 rue Marbeuf, 75008 Paris, France.
The customer declares and acknowledges that:
- he has the technical competence to use the Website;
- he is of legal age and has full legal capacity allowing him/her to commit himself under these Terms and Conditions of Sale;
- he is informed that his commitment does not require a handwritten or electronic signature. The acceptance of these Terms and Conditions of Sale and the order is implemented by the mechanism of a double click;
- as a consumer, he has specific rights which could be called into question in the event that the services offered on the Website would be used by the latter in connection with his professional activity, i.e. in the event that the services ordered would be for purposes that fall within the scope of his commercial, industrial, craft or liberal activity.
The customer can save and print these Terms and Conditions of Sale, by using the standard functions of his browser or computer.
The terms defined below shall have the following meanings between the parties:
- “Company”: refers to the company JAMIQUA, a simplified joint stock company with a capital of 38 112.25 €, registered with the Trade and Companies Register of Paris under the number B 572 202 976, whose registered office is located at 4 rue Marbeuf, 75008 Paris, France;
- “Customer”: refers to the natural person, with full legal capacity, who places an Order on the Website as a final consumer;
- “Customer Account”: designates a private virtual space that the User may have on the Website and which can be accessed by means of a login and password combination;
- “Double Positive Click”: refers to the click is the electronic formulation of “yes” or acceptance. The first click marks the Customer’s agreement and a second click marks the confirmation of the Customer’s agreement;
- “TCS”: refers to the Terms and Conditions of Use of the Website
- “TCS”: refers to these Terms and Conditions of Sale
- “Items”: refers to the ready-to-wear items of the Franck Namani brand, Men/Women collection, and accessories, put on sale on the Website;
- “Order”: refers to the act by which the Customer acquires one or more Items on the Website;
- “Party”: designates in the singular the company JAMIQUA or the Customer, and in the plural the company JAMIQUA and the Customer jointly;
- “Personal Data”: designates all data that directly or indirectly identifies a natural person;
- “Website”: refers to the website accessible at the URL https://www.francknamani.com.
The purpose of these TCS is to define the terms and conditions of sale of the Items offered by the Company on the Website.
In particular, the TCS govern all the steps required to place an Order and to follow the progress of an Order.
These TCS notably define the rights and obligations of the Parties in the context of an Order.
Furthermore, the Parties are bound by the provisions of the TCU, the provisions of which shall apply in full to the interpretation and execution of these TCS.
4. Acceptance and enforceability of the TCS
These TCS are enforceable as soon as they are agreed by the Customer.
The Company reserves the right to adapt or modify these TCS at any time. The new version of the TCS shall then apply to Orders placed after they have been posted online. Consequently, the Customer is invited to read the applicable version of the TCS before placing any Order.
In any event, the version of the TCS applicable to the Customer is the one agreed by the Customer at the time of the validation of his Order.
The online documents agreed at the time of an Order shall take precedence over all paper or electronic versions of earlier dates.
These TCS are permanently accessible on the Website via the “General Terms and Conditions of Sale” section.
5. Orders of the Items
5.1. Steps of the Order
The placing of an Order implies full and complete acceptance of these TCS and requires the Double Positive Click procedure to be followed.
The Customer wishing to place an Order on the Website undertakes to communicate beforehand the information requested from the forms available online. The Customer also certifies the truthfulness and accuracy of the information thus transmitted.
Placing an Order for the Items includes the following steps:
selection of an Item(s) on the Website;
filling of the shopping cart;
clicking on “Place order” to validate the shopping cart;
choosing between logging in to the Customer Account or creating a Customer Account or continuing as an unregistered User;
Summary of the Order and the information provided by the Customer in the form of a quotation. During this stage, the Customer may check the details of the Order and its total price, and correct it, if necessary;
Definitive acceptance of the Order by the “Positive Double Click” technique of the Order, the price and the TCS in force on the day of the Order;
payment of the Order by the means provided for in Article 10.
The Order shall be finalized only after acceptance of payment. Any rejection of payment shall prevent the Order from being finalized. In such case, the Company shall then be under no obligation to deliver.
It is specified to the Customer that if he attempts to order Items that contain materials that are subject to regulatory and customs restrictions in some countries and that his delivery address is not compatible with these materials, the Order process defined above will not be completed. The same applies if the Customer’s delivery address is on the list of countries in which the Company does not deliver any Order in accordance with the provisions of Article 8.1 of the TCS.
5.2. Confirmation of the Order by the Company
Following the procedure described in article 5.1 above, the Company shall immediately send an email to the Customer, to the e-mail address indicated by the Customer, confirming the Order, containing a summary of the Order and the total amount of the Order.
In the event that the Customer has not received a confirmation email following an Order, the Customer is invited to check his spams and then, if necessary, to contact the Company by email: firstname.lastname@example.org.
The Company shall not be held liable in the event of a typing error that prevents the confirmation email from being delivered.
The Company reserves the right not to validate the Order in case of:
- unavailability of an ordered Item;
- the existence of a payment arrears or a dispute arising from a previous Order;
- Abnormal or abusive exchanges and returns of Items by the Customer;
- absence of delivery in some countries in accordance with the provisions of Article 8.1 of the TCS;
- delivery restrictions in some countries due to the materials used in all or part of the Items in accordance with the provisions of Article 8.2 of the TCS.
- In these cases, no debit corresponding to the Items ordered will be made and the Customer will be immediately informed of the refusal of the Order and the reason for this refusal.
5.3. Follow-up of the Order
When the Order is dispatched, the Company shall send an email to the Customer specifying the delivery method chosen and the Order tracking number.
For any question relating to the tracking of his Order, the Customer may consult his Customer Account on the Website or contact the Customer Service Department according to the methods described in Article 13 of these TCS.
In the event of difficulties encountered during delivery, the Company or its carrier may contact the Customer by telephone or by email.
5.4. Personal Data
In the context of Orders, the Company collects and processes some Customer’s Personal Data.
As such, the Company is responsible for processing within the meaning of EU Regulation 2016/679 on the protection of Personal Data.
The prices of the Items are indicated in euros, all taxes included. The prices includes the Value Added Tax (VAT) applicable on the day of the Order and any other applicable tax.
For Customers established outside the European Union not subject to VAT, the price applicable to them, i.e. the price of the Item from which the VAT amount is deducted, is automatically applied at the time of entering the place of delivery during the Order process.
Prices are valid only for the period during which they are accessible electronically on the Website.
The sale prices of the Items may be modified by the Company at any time, the Customer remaining in any case bound by the price indicated in his Order.
Furthermore, if a tax or contribution is created or its rate is modified, whether upwards or downwards, this change will automatically be reflected in the sale price of the Items displayed on the Website and, where applicable, in any other sales document.
Before confirmation of the Order by the Customer, the latter shall be informed of the total amount of the Order in euros, inclusive of tax.
The prices of the proposed Items include delivery costs.
However, the prices do not include taxes, duties and customs charges of any kind that may be levied on Customers whose delivery address is outside the European Union.
The Customer is personally responsible for paying these taxes, duties and customs charges.
7. Payment of the Order
In order to pay for the Order, the Customer shall have, according to his choice, the methods of payment offered by the Company.
The only means of payment accepted are the following:
bank cards: CB, Visa and Mastercard; American Express, Discover, Maestro, Carte Aurore, 4 stars, Cofinoga or Privilège;
payment account : Paypal
The payment of an Item is carried out on line in only one time at the time of the validation of the Order and is a necessary precondition for the validation of the Order.
The Company provides the Customer with a secure online payment service, regardless of the method of payment chosen, in order to guarantee the security of payments made on the Website and to combat fraud. This secure online payment service enables the Customer to pay for his Order on the secure website of a bank. The Customer is directly redirected to the bank’s website at the time of payment of the Order and is then directly redirected to the Website once payment has been made.
The Customer may request a dematerialized invoice by sending an email to the following address: email@example.com.
In the event that the Customer has a Customer Account, this invoice is accessible online in his Customer Account.
The paper invoice is provided in the package delivered to the Customer.
8. Delivery and collection of orders
8.1. Terms of delivery and collection of orders
Delivery means the transfer to the Customer of physical possession or control of the ordered Item.
For any Order, the Company resorts to home delivery by the carrier of its choice or to hand delivery in the store on appointment booking via its “Click and Collect” service. This service offers the customer the withdrawal of the order from the store.
The customer has the choice, he can either opt for home delivery or “Click and Collect”.
If the customer opts for “Click and Collect”, he will be asked to come to the store on the basis of the time, day and meeting place, which he will have chosen beforehand.
The customer can choose between two collection locations:
- The Franck Namani store – Paris Marbeuf: 4, rue Marbeuf, 75008 Paris FRANCE
- The Franck Namani store – Paris Castiglione: 2, rue de Castiglione 75001 Paris FRANCE
The customer can select a day of collection on an open schedule of 4 weeks (from Day +1 of the order date) previously determined by the JAMIQUA Company, as well as a 15-minute time slot between 10:30 a.m. and 7 p.m. from Monday to Saturday, at the except Sundays and public holidays, or other decisions taken by the company JAMIQUA.
If the customer does not show up for the meeting, the company JAMIQUA reserves the right to contact the customer by email or by telephone, to conclude a new appointment, or a home delivery.
Orders are delivered to the address indicated by the Customer when placing the Order. Any delivery made to a hotel must be subject to prior validation by the Company.
8.2. Special delivery restrictions for some Items
The Customer is informed that some Items, due to applicable laws and regulations, cannot be delivered in some countries because of the materials used in all or part of these Items.
The Customer is informed that he will not be able to benefit from a delivery for these Items depending on the country in which the delivery address of the Order is located.
In particular, the Customer is informed that Items made up of crocodile skin can only be delivered to France and that Items made up of animal furs and skins cannot be delivered outside the European Union or to some countries of the European Union.
Where applicable, the Customer is fully informed of any restrictions during the Order process. For this reason, if the Customer attempts to order Items that contain such materials and the Customer’s delivery address is not compatible with these materials, the Order process as defined in Article 5 of these TCS will not be completed.
8.3. Delivery schedules
The Customer shall be informed of the dispatch of his Order by e-mail to the address indicated in his Customer Account or to any other address indicated at the time of placing the Order.
The Order shall be delivered on the date or within the period indicated to the Customer and, failing any indication, at the latest within thirty (30) days from the date of the Order, and subject to full payment of the price.
Delivery schedules are specified to the Customer only on the tracking platforms of the carrier indicated by the Company.
Delivery schedules depend on the Company’s carrier and can vary according to the country to which the Order is to be delivered.
Depending on the carrier chosen by the Company, deliveries cannot be made on weekends and public holidays.
8.4. Receipt of the Order – Transfer of risks
On receipt of the Order, the Customer is required, in the presence of the carrier, to check the conformity of the Items delivered with his Order, to check the condition of the package and the Items (poor condition, open package, missing or damaged Items, etc.) and to express any reservations on the delivery receipt, in handwritten form accompanied by his signature.
Without prejudice to the applicable legal guarantees, the Customer must send any reserves regarding the lack of conformity of the Items existing at the delivery date as soon as possible by email: firstname.lastname@example.org.
Any risk of loss or damage to the Items is transferred to the Customer when the Customer or a third party designated by him, and other than the carrier proposed by the Company, takes physical possession of the Items ordered.
Consequently, the Company, under the terms of delivery of the Orders proposed on the Website, bears all risk during the transport of the Items until the actual delivery of the Items into the hands of the Customer or any other person designated by him.
9. Return of Items
9.1. Right of withdrawal
9.1.1. Time limits and scope
In accordance with Article L221-18 of the French Consumer Code, the Customer has a legal cooling-off period of fourteen (14) clear days from the day following receipt of the Items by him or by any third party designated by him. This right of withdrawal may be exercised by the Customer without charge and without the Customer having to justify his decision.
For Orders for more than one Item delivered separately, or for Orders for an Item consisting of several batches or parts to be delivered over a defined period of time, the period begins when the last Item or batch or the last part is received.
If this period expires on a Saturday, Sunday or public holiday, it shall be extended until the first following working day.
The right of withdrawal shall be exercised without penalty. However, the costs of returning the Item may be borne by the Customer, in accordance with the provisions of Article 9.1.3 below.
In accordance with the provisions of Article L.221-28 of the French Consumer Code, the Customer may not exercise his right of withdrawal in particular for the following Items:
- Items made to the Customer’s specifications or clearly personalized;
- Items which, after having been delivered and by their nature, are inseparably mixed with other Items.
The exercise of the right of withdrawal is for the exclusive benefit of the Customer who placed the Order and may not be exercised by a third party for whom Item may be intended.
9.1.2. Methods of exercising the right of withdrawal
To exercise his right of withdrawal, the Customer must notify the Company of his decision to withdraw by means of an unambiguous statement reminding his identifier and expressing his wish to withdraw by filling in the withdrawal form accessible online on the Website, from this link.
The Customer is required to transmit his request before the expiry of the withdrawal period.
9.1.3. Return of Items and refunds
To return Items in execution of his right of withdrawal, the Customer can call upon the carrier chosen by the Company, or choose himself another postal transport company:
- In the absence of specific indication of the Customer in his request for withdrawal:
The Company will send him/her by email the prepaid return slip from the carrier chosen by the Company, containing a return number and specifying the terms and conditions for the return of the Items, in particular the address to which they must be returned. In this respect, either the carrier will collect the package containing the Items concerned at the delivery address of the Order, or, if this is not possible, the Customer shall be required to deposit the said package in the collection point of the carrier indicated to him/her. The Customer is required to print the said return slip and attach it to the package containing the Items concerned.
- If the Customer indicates in his request for withdrawal that he wishes to choose his own carrier to return the Items:
The Company will send him/her by email an acknowledgement of receipt containing a return number and specifying the terms and conditions for the return of the Items, in particular the address to which they must be returned. It is recommended that the Customer includes the return number provided by the Company on the package containing the Items concerned in order to enable faster processing of his request. The Customer who returns an Item without using the carrier chosen by the Company is imperatively required to use a registered mail service and to keep proof of this shipment. The Customer must return the Items to the Company at the address designated by the Company without undue delay, and at the latest within fourteen (14) days from the communication of its decision to withdraw.
The Customer must arrange to return the Items in their original packaging or in packaging that provides equivalent protection for the Items. Only Items returned in a condition that allows them to be put back on sale will be accepted. Any return of incomplete or damaged Items will not be accepted and therefore impedes the Customer’s right of withdrawal.
Consequently, the Customer is informed that he will be liable to the Company for any depreciation of the Items resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Items.
The Customer is thus informed that the Items must be returned:
- in new condition in their original packaging;
- accompanied by the return slip;
- undamaged and complete;
- not damaged or soiled in conditions exceeding the simple use as a test;
- without soiling, perforation, tearing, burning, discoloration, deformation;
- with all the elements representing the brand or the model of the brand (logo, external brand label, …).
The direct costs of returning Items by the carrier chosen by the Company shall be borne by the Company, which shall provide the Customer with a return slip. However, the Customer shall bear the risks associated with this shipment.
The direct costs of returning the Items by a carrier other than the Company’s shall be borne exclusively by the Customer, who shall also bear the risks. Thus, the Customer is informed that the costs of returning Items are at his expense and may vary according to the methods chosen by the Customer.
If the Customer exercises his right of withdrawal, the Company shall reimburse all sums paid, including, where applicable, delivery costs (except for any additional costs resulting from the fact that the Customer has chosen, where applicable, a method of delivery other than the cheaper standard method of delivery offered by the Company), without undue delay and no later than fourteen (14) days following notification of the Customer’s request for withdrawal.
However, in the absence of receipt of the Items returned by the Customer, the Company shall have the option of postponing the refund until receipt of the Items or until the Customer has provided proof of dispatch of the Items, whichever is the earlier. It is therefore up to the Customer to keep proof of its postal dispatch.
Refunds will be made using the same means of payment as that used by the Customer at the time of the Order, unless different terms have been expressly accepted by the Customer. In any event, this reimbursement shall not incur any costs for the Customer.
The refund is for the exclusive benefit of the Customer who placed the Order and may not under any circumstances be made to a third party for whom the Item may have been intended.
No exchange of Items will be made except in case of exercise of the right of withdrawal or guarantees provided in Article 10 of the TCS.
If necessary, the Customer is then required to follow the procedures described in the articles concerned.
No Item ordered on the Website may be exchanged or reimbursed in a shop under the FRANCK NAMANI brand.
10. Guarantees of the Company
10.1. Commercial warranty
Information concerning possible commercial guarantees relating to Items offered for sale (in particular the contents of the guarantee, the methods of its implementation, its price, its duration, its territorial extent as well as the name and address of the guarantor according to the Items, services and brands concerned) are brought to the knowledge of the Customer if necessary on each Item sheet on the Website.
10.2 Legal warranty
Independently of any commercial guarantee that may be granted, the Company remains liable for lack of conformity of Items in accordance with Articles L.211-4 et seq. of the French Consumer Code and for redhibitory defects, or hidden defects in the item sold, under the conditions provided for in Articles 1641 et seq. of the French Civil Code and 2232 of the French Civil Code.
These guarantees are exercised either with the Customer Service Department in accordance with the provisions of article 13 of the TCS, or by post (preferably by registered mail with acknowledgement of receipt) to the Company at the following address: Société JAMIQUA, 4 rue Marbeuf, 75008 Paris.
REMINDER OF THE MAIN APPLICABLE TEXTS
Article L.217-4 of the French Consumer Code
“The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was made at his expense by the contract or was carried out under his responsibility.”
Article L.217-5 of the French Consumer Code
“To be in conformity with the contract, the good must:
1°/ Be fit for the use ordinarily expected of a similar good and, where appropriate:
correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
have the qualities that a buyer may legitimately expect in the light of public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2°/ Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter”.
Article L.217-7 of the French Consumer Code
“Any lack of conformity which becomes apparent within twenty-four months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proved otherwise.
For second-hand goods sold, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked”.
Article L.217-9 of the French Consumer Code
“In case of non-compliance, the buyer shall choose to have the item repaired or replaced.
However, the seller may not proceed according to the buyer’s choice if this choice involves a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible, according to the method not chosen by the buyer.
Any product repaired within the framework of the legal guarantee of conformity benefits from an extension of the said guarantee by six months.
If the consumer chooses to have the product repaired but the seller does not carry out the repair, the consumer may request the replacement of the good, which in this case is accompanied by a renewal of the legal guarantee of conformity. This provision shall apply either after the expiry of the period of one month [before the buyer’s complaint] or before that period where the non-repair is the result of a decision taken by the seller”.
The provisions of the French Consumer Code mentioned above do not prevent the User from availing himself of the legal guarantees provided for by the Civil Code and presented below.
Article 1641 of the Civil Code
“The seller is bound by the guarantee for 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 a lower price for it, if he had known about them.”
Article 1643 of the Civil Code
“He is bound by hidden vices, even though he would not have known them […]”
Article 1644 of the Civil Code
“In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or of keeping the thing and having part of the price refunded, as it will be arbitrated by experts.”
Article 1648 of the Civil Code
“The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect”.
When the Customer acts as a legal guarantee of conformity within the meaning of the aforementioned provisions of the French Consumer Code, he:
- has a period of two (2) years from the delivery of the Item to act;
- may choose between reimbursement or replacement of the Item, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code;
- is exempted from having to provide proof of the existence of the Item’s lack of conformity during the twenty-four (24) months following delivery of the Item.
In any event, the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted by the Company on the Item(s) ordered.
Lastly, the Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Articles 1641 and 1643 of the French Civil Code.
In this case, he may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code, provided that he exercises this guarantee within two (2) years of the discovery of the defect.
10.3 Exclusion of warranty
The Company shall not be bound by the guarantees described in articles 10.1 and 10.2 for any item that has not been ordered on the Website.
The Company shall be automatically liable to the Customer acting as a consumer for the proper performance of the obligations arising hereunder.
The Customer is solely responsible for the accuracy and completeness of the data provided as part of the Order process. The Customer may under no circumstances hold the Company liable for any incident, in particular in connection with the delivery or invoicing of the Order, originating in whole or in part from data entered by the Customer.
The Customer acknowledges that any erroneous information relating to its identification when placing an Order, whether knowingly or not, may lead to liability action against him/her in order to obtain compensation for any prejudice suffered as a result of the provision of erroneous information.
In addition, any usurpation of identity may give rise to legal proceedings, in particular criminal proceedings, in accordance with the provisions of article L.226-4-1 of the French Penal Code which stipulates that ” Usurping the identity of a third party or of using one or more data of any nature enabling him/her to be identified in order to disturb his/her peace of mind or that of others, or to harm his/her honour or reputation, shall be punishable by one year’s imprisonment and a fine of €15,000. This offence is punishable by the same penalties when it is committed on a network of communication to the public online”.
The Company’s liability may be limited or even excluded in the event that its failure to comply with the terms of this agreement is wholly or partly due to an act or deed of the Customer.
The Company’s liability shall be excluded in the event of force majeure in accordance with the provisions of Article 12 above.
12. Force majeure
The Company shall not be held liable for the non-execution, partial or defective execution of its obligations hereunder due to a case of force majeure (in particular, disruption or total or partial strike, especially of postal services and means of transport or communications).
In accordance with Article 1218 of the French Civil Code, “Force majeure in contractual matters occurs when an event beyond the debtor’s control, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.”
This section shall survive the termination of this agreement for any reason or cause.
13. Customer Service
For any information, complaint or question relating to the conditions of sale, Order follow-up, exercise of the right of withdrawal or to the Items themselves, Customers should contact Customer Service, quoting their Order number if necessary:
either by telephone: +33 (0)22.214.171.124.48 (price of a local call) from Monday to Friday from 11am to 6pm.
or by e-mail: email@example.com
14. Prior complaint – Recourse to the Consumer Ombudsman
In the event of a dispute relating to the formation, validity, execution or interpretation of the TCS, the Customer is required to contact the Company as a matter of priority to try to find an amicable settlement.
All complaints relating to the execution of these TCS must be sent in writing to the Company accompanied by supporting documents:
- Either by registered letter with acknowledgement of receipt, to the following address: Société JAMIQUA, 4 rue Marbeuf, 75008 Paris, France
- Or by email at the following address: firstname.lastname@example.org
Any complaint must be sent within 60 (sixty) days after the date of the event to which it relates. No complaint can be taken into account after this period.
In application of Articles L612-1 and L616-2 of the French Consumer Code resulting from Government order No. 2015-1300 of 20 August 2015 relating to the out-of-court settlement of consumer disputes, the Customer may have recourse free of charge to a consumer Ombudsman in order to find amicable resolution of any dispute in connection with the performance of the TCS by contacting the Ombudsman of the « Fédération professionnelle du e-commerce et de la vente à distance (FEVAD) » :
- By post: FEVAD – 60 rue la Boétie, 75008 Paris, France
- By filling in the online form on the FEVAD website: http://xrm.eudonet.com/V7/app/specif/EUDO_03047/FEVAD/Formulaire.aspx
The mediator’s website is http://www.mediateurfevad.fr/. The Customer can find all useful information on mediation and the referral to the mediator.
Via the page http://www.mediateurfevad.fr/index.php/la-mediation/#adresses-utiles, the Customer will find the electronic link allowing him/her to access an online dispute resolution (ODR) internet platform.
In order to refer the matter to the mediator, the Customer must justify having first attempted to resolve the dispute directly with the Company by means of a written complaint in accordance with the above-mentioned terms and conditions.
The Customer is informed that mediation is excluded for :
Complaints made by the Customer to the Company’s customer service department;
Direct negotiations between the Customer and the Company;
Attempts at conciliation or mediation ordered by a court hearing a consumer dispute;
Proceedings brought by the Company against the Customer.
Proceedings brought by the Company against the Customer.
The Customer has the possibility, at his own expense, to be represented by a lawyer or to be assisted by any person of his choice.
In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
15. General Stipulations
15.1. Good Faith
The Parties agree to perform their obligations in good faith.
The Parties sincerely declare these commitments.
As such, they declare that they are not aware of any circumstances which, if they had been communicated, would have altered the consent of the other Party.
In the event of difficulties of interpretation resulting from a contradiction between any of the headings appearing at the beginning of the articles herein and any of the articles, the headings will be declared non-existent.
If one or more stipulations of these TCS are held to be invalid or declared as such in application of a law, a regulation or following a decision that has become final and conclusive by a competent court, the other stipulations will retain their full force and scope. The Company will then amend the TCS.
15.5. Absence of waiver
No act, delay in acting or any other attitude, passive or active, on the part of one of the Parties shall be deemed to constitute for that Party a waiver of any of the rights and actions of which it is a creditor under the TCS, unless such waiver is evidenced in writing signed by a duly authorized representative.
16. Proof and agreement of proof
The online acceptance of these TCS by electronic means shall have the same evidential value between the Parties as the agreement on paper.
The computerized records kept in the Company’s computer systems shall be kept under reasonable conditions of security and shall be considered as proof of communications, Orders and payments between the Parties. They shall be deemed authentic until proven otherwise.
Contractual documents, Orders and invoices shall be archived on a reliable and durable medium that can be produced as proof.
The authentic language is French.
If these TCS are translated into a foreign language, the French language shall prevail over any other translation in the event of any dispute, litigation, difficulty in interpreting or executing these TCS and more generally concerning the relations existing between the Company and the Customer.
18. Applicable law
These TCS are governed by French law.
However, and in accordance with Article 6 §2 of the Rome I Regulation, Internet users living within the European Union may benefit from the possibly more protective and mandatory provisions of their national law.
19. Competent jurisdiction
In the event of a dispute relating to the formation, validity, interpretation or execution of these TCS, the competent court shall be determined in accordance with the provisions of ordinary law governing relations between a consumer on the one hand and a professional on the other, and in particular with regard to the Brussels I bis Regulation No. 1215/2012 of 12 December 2012.
In addition, the Customer has the possibility, but not the obligation, to resort to a consumer mediator in the terms and conditions defined in Article 14 of the TCS before any referral to a court of law.