Terms and Conditions of Sale
1. Subject – Scope of Application
The present general conditions of use and sale (hereinafter the "General Conditions") apply exclusively to all sales concluded between Goo Business France (hereinafter the "Seller") and its private or non-business customers (hereinafter the "Customer"), for the purchase of the products offered for sale by the Seller (hereinafter the "Product(s)") on the website http://www.gooconnect.com, or any variation on any type of support of the said website (hereinafter the "Site"), as well as the use of the Site by the Customer. The General Conditions specify in particular the conditions that govern ordering, payment, delivery, and management of the return of Products ordered by the Customer. The Customer is required to make him/herself aware of them before placing an order. The General Conditions apply to all sales of Products to Customers, to the exclusion of any other terms and conditions, and notably those applicable to sales to business customers, shop sales or sales completed through other marketing and distribution channels. These General Conditions may be accessed at any time on the Site and, where applicable, supersede any other version or any other document that may be in contradiction therewith. The Customer declares that he/she is aware of the General Conditions and has accepted them by ticking the box provided for this purpose at the Account creation stage (as set out in Section 3 below), or when placing an order for Products on the Site. The confirming of an order by the Customer implies full acceptance, without reserve nor restriction, of the General Conditions. The Seller reserves the right to unilaterally revise the present General Conditions and, in such an event, to apply the same to all orders placed after the date of revision, to which the Customer expressly agrees. Except in the case of evidence to the contrary, data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer. The Customer warrants that he/she has the legal capacity to enter into a contract and to acquire Products offered on the Site.
The main characteristics of the Products, including notably product specifications, illustrations and dimensions, are published on the Site. Choosing and buying a Product is the sole responsibility of the Customer. Photographs and images featured on the Site are noncontractual and may not engage the responsibility of the Seller. The Customer is required to refer to the product description for each Product for information on its properties and main features. Products offered are subject to stock availability as, where applicable, indicated in the Product description on the Site, or displayed at the order stage.
3. Creating an account
To be able to order Products on the Site, the Customer must first create a personal account on the Site (the "Account"). The Account provides access to a personal space (the "Personal Space"). The Personal Space allows the Customer to manage his/her use of the Site and place orders, in a way and using the technical means the Seller considers most appropriate. Through his/her Personal Space, the Customer has, among other, access to his/her contact details as he/she submitted them to the Seller, to his/her order history and his/her current orders. The Customer warrants that all information given in the Account set-up form is correct, up-to-date and true, and that it is in no way misleading. He/she agrees to update the information contained in his/her Personal Space in the event of any change, so that the information held meets the above-mentioned criteria at all times. The Customer is aware and agrees that information entered to create or update his/her Account acts as proof of his/her identity. Information entered by the Customer is binding once submitted. The Customer may access his/her Personal Space at any time after logging in using his/her login ID and password. The Customer agrees to personally place orders for Products he/she wishes to acquire on the Site and not to allow any third party to use his/her login ID or password in his/her place, or on his/her behalf, and agrees to bear full responsibility if he/she fails to comply with the foregone. The Customer is responsible for ensuring his/her login ID and password remain confidential. He/she must immediately contact the Seller using the contact information provided in Section 13 of these General Conditions if he/she becomes aware that his/her Account has been used without his/her knowledge. He/she authorises the Seller to take all measures necessary in such an event.
It is up to the Customer to select the Products on the Site that he/she wishes to order, according to the following steps: 1. Selection of Products on the Site - 2. Order summary - 3. Log into Account or Create Account - 3. Address - 4. Delivery - 5. Payment. Contractual information is provided in French and is subject to confirmation, at the latest at the time the order is submitted by the Customer. The sale will be considered final once the Seller has taken full receipt of payment and has sent the Customer an order confirmation by email. An order is recorded on the Seller's Site once the Customer consents to the General Conditions by ticking the box provided for this purpose and submits his/her order. The Customer may check the details of his/her order and its total price and correct any errors before submitting and confirming it and thereby expressing his/her final acceptance. This submission implies acceptance of the General Conditions in their entirety and constitutes proof of the contract of sale. It is therefore the Customer's responsibility to check that his/her order is correct and immediately report any error. Any order placed on the Site constitutes a distance contract concluded between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom a dispute over payment of a previous order exists. Any unusual order or order placed in bad faith, any fraud or attempted fraud, and any Product payment issue with an order may result in the cancellation and/or deactivation of the account of the Customer in question and/or non-acceptance of the order. The Customer can track his/her order on the Site.
Product offers and prices apply for as long as they are visible on the Site and within the limit of stock available. Where a Product is unavailable after an order has been placed, the Customer will be informed of the timeframe within which the Product will next be in stock. If the Customer does not wish to wait for the Product or Products in question to be in stock, the Seller shall offer the Customer a replacement Product of equal quality and price. In the event that one or several Products ordered should be permanently out of stock, or should the Customer chose not to wait until the Product or Products are back in stock, or should he/she refuse a replacement Product, only the price of Products ordered and shipped along with the corresponding delivery charges will be debited from the Customer's bank account. In the event the Client has already been debited for the full amount of the initial order, a refund equivalent to the amount of undelivered Products and corresponding delivery charges will be made within thirty (30) days from the Product being permanently out of stock, or the Customer's refusal of the replacement Product, or cancellation of the order by the Customer.
Products are supplied at the prices displayed on the Site at the time the order is recorded by the Seller. Prices are published in Euros, exclusive of VAT and inclusive of VAT. Prices reflect any reductions the Seller may have advertised on the Site. As indicated on the Site, these prices are firm and may not be revised during their period of validity, the Seller reserving the right to revise prices at any time outside the period of validity. They do not include processing, shipping, transport and delivery costs, which are additional charges as indicated in the conditions on the Site and calculated before an order is placed. Payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is issued by the Seller and provided to the Customer when the Products ordered are delivered.
Prices are payable immediately and in full on the day the order is placed by the Customer, using the following secure payment method: - by credit card using the "Monetico" online payment solution from the banking institution "Credit Mutuel", - by PayPal, - by bank cheque, - by bank transfer. In the case of payment by bank cheque, the cheque must be made payable to Goo Business France and sent to the following address: Goo Business France, 36 Rue du Chemin Vert -75011 Paris, France. Cheques must be issued by a bank domiciled in Metropolitan France or Monaco. Checks are cashed as soon as they are received. In the case of payment by credit card, payment is handled by the payment service provider indicated on the Site, which is the only entity to hold the Customer's bank details for this purpose. No bank details are stored by the Seller. The Customer warrants to the Seller that he/she has the power, capacity and authorisation required to use the chosen payment method. He/she agrees to take the necessary measures to ensure that the payment of the price of the Products, according to the method chosen, is authorised. The Seller will not be required to make delivery of the Products ordered by the Customer if the latter fails to pay the Seller the price in full, in accordance with the conditions indicated above. Payments made by the Customer shall only be considered definite once amounts due have effectively been received by the Seller. Furthermore, in the event of non-compliance with the conditions of payment indicated above, the Seller reserves the right to suspend or cancel delivery of current orders placed by the Customer. No additional fees greater than costs incurred by the Seller for the use of a means of payment may be charged to the Customer.
Products may be delivered in Metropolitan France, French Overseas Departments and Territories, Belgium, Luxembourg, Netherlands, United Kingdom, Spain and Germany. Our customer service department should be contacted for all other destinations. Delivery costs vary depending on the delivery option chosen by the Customer at the time of the order, the destination and the weight of the parcel. Rates may differ between France, other European destinations and French Overseas Departments and Territories. Rates indicated online at the time of purchase are adjusted according to weight and for destinations outside Metropolitan France. If the Customer opts for the Products to be collected in store, he/she will be asked to provide proof of identity or written authorisation on headed paper and a copy of his/her identity document. Products must be collected from 29 rue Notre Dame de Nazareth, 75003 Paris, Monday to Thursday between 9 am and 12 pm or 1.30 pm and 5.30 pm, or Friday between 9 am and 12 pm or 1.30 pm to 4.30 pm. If the Products are not collected within three (3) working days as of the order confirmation, the Seller reserves the right to cancel the order. Delivery times and Product availability are provided as a guide only. Delays in Product delivery, regardless of the cause, shall not constitute grounds for order cancellation, refusal to take delivery of the Products and/or shall not give rise to any penalty or indemnity of any kind. Delivery times start as of the date the order is confirmed by the Seller. In any event, delivery within the indicated timeframe will only be met if the Customer has complied with his/her obligations toward the Seller.
9. Reception - Transfer of ownership - Transfer of risk
9.1 Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer shall take effect only after full payment of the price by
9.2 Reception - Transfer of risk
Risk is transferred upon delivery of the order, at the time the Products are handed over to the Customer who shall assume sole responsibility for all risks after the said hand-over. In particular, the risk of any loss, theft or damage to the Products is transferred to the Customer at the time he/she or a third person appointed by him/her, other than the carrier proposed by the Seller, takes physical possession of the Products. In accordance with Article 216-4 of the French Consumer Code (Code de la Consommation), where the Customer entrusts the delivery of goods to a carrier other than that proposed by the Seller, the risk of loss or damage to the goods is transferred to the Customer at the hand-over of the goods to the designated carrier by the Seller. During the delivery of the order, the Customer or an appointed or authorised third party is required to verify and thoroughly check the condition of the Products delivered along with their compliance with the order. Upon delivery or collection in store, the Customer (or consignee of the Products) is required to open the package in the presence of the carrier or the Seller's agent in store, in order to check the condition of the Product or Products. In an anomaly is found (notably missing, damaged or broken items), the Customer must refuse to take receipt of the Product and must write "refus pour avaries" (refused due to damage) on the delivery note. In the case where the non-compliance of the Products delivered with the order is observed during the delivery or upon collection of the Products in store, the Customer should indicate in detail on the delivery note all relevant, useful information that will allow his/her claim to be processed in the shortest time possible and best conditions. To be valid in respect of the carrier, any claim relating to an apparent defect or damage occasioned during the delivery of a Product, must be sent within 48 hours of receipt of the Products, by e-mail or registered mail addressed to the Seller's Customer Service Department, the details of which are provided in Section 13. In the event of refusal to accept delivery for the reasons indicated above, the Customer may request a new delivery or ask for the order with the Seller to be cancelled.
10. 1 Principle
10.1.1. Conditions In accordance with the provisions of Article L. 221-18 of the French Consumer Code, the Customer has fourteen (14) days to exercise his/her right to withdraw. This period starts from the date of receipt of the Products by the Customer or a third party (other than the carrier) appointed by him/her. In the case of an order for several Products delivered separately, or in the case of an order for a single Product consisting of batches or multiple parts where delivery is spread over a given period, the period starts as of receipt of the last item, batch or part. 10.1.2. Procedure The Customer exercises his/her right of withdrawal by informing the Seller of his/her decision to withdraw from the contract by sending, before the expiry of the fourteen (14) day-period as outlined in Article 10.1.1, the withdrawal form referred to in paragraph 2 of Article L. 221-5 of the French Consumer Code or any other unequivocal notice expressing his/her wish to retract. A withdrawal form is made available to the Customer by the Seller on the "help" page of its Site. The withdrawal form or notice, duly completed and signed, should be sent to the Seller by email to firstname.lastname@example.org, by fax to +33 (0)144 548 162 or by post to Goo Business France, 36 Rue du Chemin Vert, 75011 Paris, France. 10.1.3. Effects 10.1.3.1. Customer Obligations If the Customer exercises his/her right of withdrawal, he/she shall return the Products to the Seller or to a person designated by the latter, without undue delay and at the latest within fourteen (14) days following notice of the decision to withdraw, in accordance with Section 10.1.2. Products must be returned in their original packaging with all accessories and any user guides. Returned Products must be in perfect condition. The Customer shall be liable for any handling other than that necessary to establish the nature, characteristics and proper functioning of the Product. The return of Products that are incomplete, damaged or deteriorated shall entitle the Seller to seek compensation for any damages from the Customer. The return address for Products is as follows: Goo Business France C/O Bolloré Logistics Express - Paris CDG - Zone Cargo 3 – Cellule 1, Quai Porte 101 - 4 & 6 rue des Deux Cèdres - 95700 Roissy en France, France. Return costs shall be borne by the Customer. The Customer shall be liable only for diminished value of the Products resulting from handling other than that necessary to establish the nature, characteristics and correct functioning of the same. 10.1.3.2. Seller Obligations Where the right of withdrawal is exercised, the Seller shall refund the Customer all monies paid, including delivery costs indicated in the order, without undue delay and at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw from the contract. The return costs borne by the Customer are not refunded. The Seller may withhold reimbursement until the Products have been received back, or until the Customer has provided evidence of shipment of the Products (receipt of shipment provided by the carrier), the date retained being that of whichever is the earliest. The Seller shall carry out such reimbursement using the same means of payment used by the Customer in the initial transaction, unless the Customer expressly agrees that another means of payment be used, and to the extent that the Customer shall not incur any costs for such reimbursement. The Seller shall not be required to reimburse any additional costs where the Customer expressly chose a delivery method that was more expensive than the standard delivery method proposed by the Seller.
In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for the following contracts in particular: the supply of goods made to the consumer's specifications or clearly personalised, the supply of goods that are liable to deteriorate or expire rapidly, the supply of goods that have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection, the supply of goods that, after having been delivered and, by their nature, are mixed inseparably with other items, the supply of audio or video recordings or computer software that have been unsealed by the Customer after delivery.
11. Seller's warranty
The Customer is responsible for ensuring that the Product ordered, according to its characteristics and performance, matches his/her needs. The Customer further agrees to use the Product according to the instructions and/or user guide with which it is supplied. Should the Customer experience a problem with a Product, he/she is advised to contact the Seller using the contact information indicated in Section 13 hereof.
11.1 Statutory guarantees
Independently of the commercial warranty referred to in Section 11.2, the Seller is bound by the legal guarantee of conformity, as referred to in Articles L. 217-4 L. to 217-12 of the French Consumer Code and that relating to defective products, in accordance with the provisions of Articles 1641 to 1648 and 2232 of the French Civil Code. The Customer may take action under the legal guarantee of conformity according to which he/she: - has two years from the date of delivery of the Product to act, - is exempt from providing proof of the existence of the lack of conformity at the time of delivery of the Product in question, where the lack of conformity becomes apparent within two years after delivery of the Product, - may choose between having the Product repaired or replaced subject to certain conditions pertaining to cost as set out in Article L. 217-9 of the French Consumer Code. The Customer may take action under the legal guarantee covering defective goods (legal guarantee against hidden defects), according to which he/she may choose between cancelling the sale or receiving a reduction in the sale price. Reproduction of Articles L. 217-4, L. 217-5 and L. 217-12 of the French Consumer Code along with Article 1641 and the first paragraph of Article 1648 of the French Civil Code, in accordance with Article L. 217-15 of the French Consumer Code. Article L. 217-4 of the French Consumer Code: 'The seller shall deliver goods in conformity with the contract and shall be responsible for any lack of compliance existing at the time of handover. It shall also be liable for any compliance defects that result from the packaging, assembly instructions or installation where it was responsible for installation under the contract, or if the same was carried out under its responsibility.' Article L. 217-5 of the French Consumer Code: 'A good complies with the contract: 1. If it is suitable for the habitual use that is expected of a similar product and, as applicable:– if it corresponds to the description provided by the seller and has the qualities that the seller 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 declarations made by the seller, the manufacturer or its representative, in particular in the advertising or labelling. 2. Or if it has the characteristics defined by an agreement between the parties, or is suitable for any specific use required by the buyer, which was brought to the attention of the seller and that the seller accepted.' Article L. 217-12 of the French Consumer Code: 'Claims in respect of a compliance defect become time-barred two years after the handover of the goods.' Article 1641 of the French Civil Code: 'A seller is bound to a warranty on account of hidden defects in goods sold that render them unfit for their intended purpose, or which so impair that use to the point where the buyer would not have bought them, or would only have paid a lesser price for them, had he/she been aware of the defect. Article 1648, paragraph 1 of the French Civil Code: 'All claims in respect of redhibitory defects must be made by the buyer within two years of the defect becoming apparent.'
11.2 Commercial warranty
Products sold to Customers by the Seller on the Site are guaranteed for twelve (12) months from the date of delivery. Certain manufacturers manage the application of their warranty themselves and should therefore be contacted DIRECTLY. The Customer can obtain the manufacturer's contact details by contacting the Seller using the information provided in Section 13 hereof. For Products that carry a specific manufacturer's guarantee (where application of the guarantee is handled directly by the manufacturer), the Customer must contact the manufacturer directly without contacting the Seller. The Seller shall refuse the return of any such Product and shall not be liable for any fault for which the manufacturer is responsible under the said guarantee. For certain Products, the Customer is required to return the guarantee card contained in their packing to the manufacturer. Depending on the Product, repair is handled either by the Seller or by the manufacturer directly. For all Products sold on the Site, any manufacturer's guarantee supplied with a Product is applicable under these guarantee provisions. In accordance with Article L217-16 of the French Consumer Code, any period of at least seven days where a Product covered by the guarantee is out of use due to repair shall be added to the duration of the initial guarantee. The Seller's commercial warranty shall, at the Seller's choice, be limited to the repair of the Product, a replacement Product (for an identical or superior product), a credit-note or a refund to the value of the Products recognised as defective by the Seller, taking into account how the Product has been used. The Seller's commercial warranty does not cover: - damage resulting from negligence, accident, improper use or use that does not comply with the user guide, - damage due to external conditions, - damage resulting from a Product having been modified or transformed, - damage resulting from the intervention of a repairer who is not approved by the Seller or the manufacturer. Furthermore, any Product returned that shows signs of impact shall not be covered by the guarantee. In accordance with Article R. 217-4 of the French Consumer Code, the provisions hereof do not deprive the Customer of the legal guarantee under which the Seller is bound to guarantee him/her against all consequences of hidden defects in products sold or service supplied. This clause is applicable only where payment of an order has been settled in full.
11.3. Guarantee application procedure - returns
For all requests to return a Product under the legal guarantee and/or contractual warranty, the Customer must imperatively: Contact the Seller through the Site (using the form available on the 'Contact' page), by email at email@example.com, or by mail at the following address: Goo Business France, 36 Rue du Chemin Vert, 75011 Paris, France. The Seller will then determine whether the guarantee applies or not and will provide the Customer with instructions on how to claim under the guarantee. After written agreement from the Seller along with a return number and return slip have been received, the Product should be returned in its original packaging placed inside additional packaging that offers maximum protection of the Product. The return number provided by the Seller must be written clearly on the parcel. In the case of a claim for a refund of the price of the Product, this may only occur once the Product has been checked and the written agreement of the Seller issued, within 30 (thirty) days of receipt of the returned Product. Products returned by a carrier without additional packaging or poorly protected will not be covered by the guarantee, in the same way as Products that are damaged, worn or soiled. The Customer must ensure the returned Product or Products are protected and insured during shipping. It is up to the Client to keep the packaging and accessories supplied with the Product along with any labels on the Product or its packaging that are required for the validity of the warranty provided. Any necessary saving of data must be carried out by the Customer prior to the return of a Product. The Seller in no way guarantees data stored on the returned Product, nor its recovery. The Seller may not be held liable for any loss of data stored on a hard disk, flash drive or any other media. The Customer's attention is drawn to the fact that in the event of an attempt to reach an amicable solution prior to any legal action, the period of time involved in the attempt to reach such a solution, does not interrupt the timeframe for action under the legal guarantees, nor the time limits under the commercial warranty.
The Seller shall make every effort to ensure that the Site works properly and to provide Customers with available and verified information and/or tools. Nevertheless, the Seller may not be held liable for any inconvenience or damage arising from use of the Internet network, in particular, disruption of service, external intrusion or presence of computer viruses, or any qualified occurrence of force majeure. The Seller shall not be liable for failure to meet its obligations or the improper execution of its obligations due to acts that are imputable to the Customer, unavoidable or unforeseeable acts imputable to a third party, or cases of force majeure as defined by jurisprudence. The Seller shall in no event be responsible for the consequences of any events beyond its control, in particular cases of force majeure, which may hinder, delay or prevent online orders being taken. Unless there are specific, public policy legal provisions to the contrary: - toward its Client, the Seller has the sole obligation of means, notably in respect of access to the Site, the pages of the Site, the ordering process, delivery and any post-delivery services, - the Seller's liability is limited to direct actual damage suffered by the Customer, - the Seller may in no way be held liable for any reason whatsoever resulting from improper use of the Products or the Customer's failure to comply with his/her obligations under this contract (notably the Customer's failure to follow Product user guides, or the Customer's failure to comply with legal provisions or applicable regulations), - the Seller shall not be liable for any inconvenience nor any direct or indirect damage to the Customer's hardware, software and computer data, regardless of the support, nor for the consequences of any direct or indirect damages resulting from damage to the hardware, software and data in question.
13. Customer Service
For any information or questions, Goo Business France Customer Service can be contacted: - By email at the following address: firstname.lastname@example.org, - By mail sent to Goo Business France - 36 Rue du Chemin Vert - 75011 Paris, France.
14. Customer Obligations
In addition to other the obligations under the present General Conditions, the Customer agrees to comply with the following. In respect of his/her use of the Products, the Customer agrees to follow the user guide provided and to comply with laws and regulations in force. He/she also agrees not to infringe on the rights of others, nor to prejudice public order. In no event may the Seller be held liable in this regard. The Customer acknowledges having, via the Site, made him/herself aware of the characteristics and constraints, notably technical, of the Products that he/she orders. He/she remains solely responsible for his/her use of the Products purchased. The Customer undertakes to employ the Products for his/her personal use. He/she, therefore, agrees not to purchase Products on the Site for the purpose of reselling them. Contractual relationships between the Seller and business customers are governed by terms and conditions of use and sale applicable to commercial buyers as a separate category. The Customer agrees to provide the Seller with all information necessary for the proper execution of orders and their payment. More generally, the Customer agrees to actively cooperate with the Seller for the purpose of the proper execution of these General Conditions. By his/her own means, the Customer must take all measures he/she deems necessary for saving the information in his/her Personal Space, no copy of which shall be provided.
15. Guarantee provided by the Customer
The Customer shall indemnify the Seller against all complaints, actions, and/or claims of any kind that the Seller may suffer as a result of the Customer's breach of any of its obligations under these General Conditions. He/she agrees to compensate the Seller for any loss the Seller might incur and to pay all fees, charges and/or penalties the Seller might have to bear as a result.
The Seller collects information about the Customer when he/she creates his/her customer account. Such data is used by the Seller namely for the purpose of customer management operations, building a customer base, conducting the analysis of trade statistics, managing requests for access, rectification and opposition, managing payment arrears and disputes, managing promotional operations and reviews. This data may be used to send information and promotional offers from Goo Business France and companies that are part of the Goo Business group, from which the Customer may unsubscribe at any time by unticking the option in his/her Personal Space. In accordance with Articles 38 et seq. of the French Data Protection Act (la loi Informatique et Libertés) of 6 January 1978, (as amended by the Act of 6 August 2004 relative to the protection of individuals with regard to the processing of personal data), the Customer may, at any time and in respect of all his/her personal data, access, rectify or ask for his/her personal information to be deleted. These rights can be exercised by sending a written request with proof of identity by mail to: Goo Business France - 36 Rue du Chemin Vert - 75011 Paris, France.
17. Waste electrical and electronic equipment (WEEE)
17.1 Recovery of electrical and electronic equipment (EEE)
Free of charge and in proportion to the amount and type of equipment sold, the Seller takes back, or has a third party take back on its behalf, also free of charge, used EEE the Customer wishes to dispose of. To this end, the Customer may contact the Seller's customer service department.
17.2 Customer Information
The Customer is informed by the Seller of the unit cost incurred for the disposal of historical WEEE in the form of an eco-participation charge. In addition, the Customer is informed by the Seller of: (i)the obligation not to mix WEEE with unsorted municipal waste, (ii) the used EEE collection and recovery schemes that are available, and (iii) the potential effects of the presence of hazardous substances in EEE on the environment and human health, (iv) the priority to be given to the prevention of waste production, notably through the re-use of EEE, (v) the respective role of the different players involved in the re-use of EEE, the re-employment, repair, recycling and other forms of recovery of WEEE, and (vi) the meaning of the symbol referred to in Article R. 543-177 of the French Environmental Code.
18. Intellectual Property
Site and catalogue content is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. The general structure, as well as the software, texts, images, sounds, expertise, drawings, images and all other elements comprising the Site belong exclusively to the Seller or its partners. Any total or partial representation of these media by any process whatsoever and without the express permission of the Seller is prohibited and shall constitute an infringement under Articles L335-2 et seq. of the French Code of Intellectual Property (Code de la propriété intellectuelle). Products, Product-related documentation and brands owned by the Seller are protected by intellectual property rights that are not, under any circumstances, ceded or transferred to the Customer. Title and ownership of intellectual property rights that are part of the Products or any part of the Products shall remain the exclusive property of the Seller. The Customer therefore agrees not to reproduce or use any studies, drawings, images, catalogues, models or prototypes and similar without the express prior written consent of the Seller, who may make the same conditional on payment for use.
19. Archiving – Proof
The Seller shall archive order forms and invoices using a secure and permanent system that produces accurate copies in accordance with legal requirements. The Seller's computerised registers are considered by the parties to be proof of messages, orders, payments and transactions between the Seller and the Customer.
20. Invalidity - Non-waiver
If one or more provisions of the General Conditions shall be declared invalid and/or null and/or unenforceable by virtue of a law or a regulation, or following a final decision by a competent court of jurisdiction, all other provisions shall retain their full force and scope and shall be legally binding upon the Seller and the Customer.
The fact the Seller does not, at a given time, avail itself of any of the clauses of the General Conditions, does not represent a waiver of the right to subsequently avail itself of the same clause.
21. Applicable Law – Language
The General Conditions and the transactions arising from them are governed by and subject to French law. The General Conditions are written in French. Where they are translated into one or more languages, only the French text shall apply in the event of a dispute.
All disputes to which purchase and sale transactions entered into under the General Conditions may give rise, in respect of their validity, interpretation, execution, termination, consequences and repercussions, and which could not be resolved amicably between the Seller and the Customer, shall be submitted to the competent courts under the conditions of common law. The Customer is informed by the Seller of the possibility of using, in the event of a dispute, the consumer mediation process under conditions provided for in Title I of Book VI of the French Consumer Code.
General Conditions updated 15 December 2016.