TERMS AND CONDITIONS
ARTICLE 1 - SCOPE AND PURPOSE
These general conditions of sale (hereinafter: "the General Terms and Conditions of Sale" or "GTC") apply, without restriction or reservation, to all sales concluded by GREEN POWER NUTRITION (hereinafter: "the Seller") to non-professional buyers (hereinafter: "the Customers" or "the Customer") wishing to acquire the products offered for sale by the Seller, whatever they are (hereinafter: "the Products") on the website "www.greenpowernutrition.fr" (hereinafter: "the Site"). They specify in particular the conditions of order, payment, and delivery of the Products ordered by Customers.
The Seller's contact details are as follows:
GREEN POWER NUTRITION
One-person simplified joint stock company (SASU) with a capital of 1,000 Euros
RCS Paris B 930 302 823
Head office: 50 avenue des Champs Elysées, 75008 Paris, France
Email address: contact@greenpowernutrition.fr
Director of publication: Mickael Sellem
The information relating to the host of the Site appears on the site, within the legal notices.
These General Terms and Conditions of Sale are accessible at any time on the Site and will prevail, if necessary, over any other version or any other contradictory document.
As these General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer's purchase is the one in force on the Site on the date of placing the order. In the absence of acceptance of the modified GTC, the Customer is invited not to make a new order on the site.
The Customer declares that he has read these General Terms and Conditions of Sale and has accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure. Checking this box will be deemed to have the same value as a handwritten signature from the Customer. The Seller is not intended to sell the Products to professionals on the Site, but only to consumers, for their personal needs. Professionals are invited to contact the Seller directly for the establishment of an adapted commercial and contractual framework.
ARTICLE 2- PRODUCTS
2.1. DESCRIPTION OF THE PRODUCTS
The Products offered for sale on the Site are as follows:
Bottles of fruit and vegetable juices and smoothies,
As well as any other product offered by the Seller.
**2.2. CHARACTERISTICS OF THE PRODUCTS**
The main characteristics of the Products are presented on the Site, by a description that is established by the Seller. The Seller describes the real characteristics of the Products on the Site. However, these may differ at the margin. The graphic elements (photographs, videos, illustrations) illustrating the Products on the Site do not constitute contractual elements and are presented only for illustrative purposes and not for information purposes. They must not be considered by the Customer as a determining element of the consent to place an order. The Seller cannot be held responsible if the Products delivered are not visually identical to those presented on the Site.
**2.3. PRODUCT COMPLIANCE**
The Customer is required to refer to the description of each Product in order to know its essential properties and particularities before placing an order. The Customer is required to ensure that the Products meet his expectations and needs. The choice and purchase of a Product is the sole responsibility of the Customer. The Customer is invited to read any information attached to the Product or made about the Product or its packaging, including information related to any precautions, conditions and restrictions of use. The Products are manufactured and transported in compliance with the Community regulations applicable to them.
**2.4. AVAILABILITY OF PRODUCTS**
The Products are offered for sale within the limits of available stocks, which will be indicated on the Site and when ordering. In the event of an order for an unavailable Product, the Seller will inform the Customer by email, upon knowledge of this unavailability, and indicate the time limit for replenishment of the Products. If the Customer does not wish to wait for replenishment, he may totally or partially cancel his order or accept an equivalent Product proposed by the Seller. If the Products ordered are permanently unavailable, or in the event of the Customer's refusal to wait until the Products are available again, the Customer will only be charged for the amount of the Products ordered and actually shipped, as well as the amount of the shipping costs of this delivery. If the Customer has previously been debited for the full amount of the initial order, a refund equivalent to the amount of the undelivered Products will be made by the Seller within thirty (30) days from the date of cancellation of the order by the Customer.
ARTICLE 3- ORDERS
**3.1. LEGAL CAPACITY**
The act of order assumes that the Customer has the legal capacity (major, absence of guardianship or curatorship) to make such an order. If he learns that the Customer does not have the legal capacity, the Seller may cancel and refund the order, in a discretionary manner and without incurring his responsibility. No compensation may be claimed as such by the Customer.
**3.2. ORDER PROCESS FOR SINGLE ORDER**
It is the Customer's responsibility to select on the Site the Products he wishes to order, according to the following terms:
1°) Before any order (hereinafter "the Order"), the Customer must specify the postal code of the place of delivery, in order to ensure that the Seller agrees to deliver to his address.
2°) If the Seller is able to ensure the delivery of at least part of the Products sold, the Customer may continue his Order.
3°) The Customer must then choose the Product he wishes to order, as well as its quantity, and add it to the shopping cart.
4°) If this is his first order, the Customer is then invited to create a customer account in which he must specify a valid email address, postal address, telephone number, delivery instructions and payment method. If this is not his first order, the Customer will be asked to log in to his customer account. In the event of prolonged inactivity during connection, it is possible that the selection of the Products chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Products from the beginning.
5°) Once the form has been completed, a summary of the order is displayed, so that the Customer can check his order and adapt it if necessary. The following information is displayed: Selected products and their quantity, their unit price, the total amount of the cumulative prices of the selected Products (hereinafter "the Total Price") and the Total Price to which the delivery costs are added (hereinafter "the All Inclusive Price), (hereinafter the "Order Validation").
6°) Then, the Customer must follow the payment instructions on the Site, via the Seller's payment provider, and provide the information that will be requested from him.
7°) In the case of payment by credit card, the Customer then receives electronically, to the email address he has indicated, and without delay, a confirmation of acceptance of payment of the order. The Customer also receives by electronic means, at the same address, and without delay, an acknowledgement of receipt valid as confirmation of the Order (the "Confirmation of the Order"). The Customer receives in the same way the confirmation of the shipment of the order. The sale will only be considered final after the Seller sends the Order Confirmation to the Customer by email. Any order placed on the Site constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The Customer will be able to follow the progress of his order on the Site if he has ordered via his customer account. The contact details and delivery information provided by the Customer must be up-to-date and real. If this is not the case, the Seller cannot be held responsible in the event of delivery difficulty or error on the part of the Customer.
**3.3. ORDERING SUBSCRIPTIONS**
In addition to the unit sale, the Products are also offered by the Seller in the form of a periodic subscription (hereinafter the "Subscription"). In this case, by exception to the previous article, the ordering process is described in this Article.
1°) Before any order (hereinafter "the Order"), the Customer must specify the postal code of the place of delivery, in order to ensure that the Seller agrees to deliver to his address.
2°) If the Seller is able to ensure the delivery of at least part of the Products sold, the Customer may continue his Order.
3°) The Customer must select the type of Subscription he wishes to subscribe.
4°) The Customer is then either invited to create or log in to his customer account, or to fill out a form, in which he must specify the composition of his Subscription, a valid email address, postal address, telephone number, delivery instructions and payment method.
In the event of prolonged inactivity during the connection, it is possible that the Subscription chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume the Subscription procedure from the beginning.
5°) Once the form is completed, a summary of the Subscription is displayed, so that the Customer can check his order and adapt it if necessary. The following information is displayed: Selected subscription, frequency of shipments, list of Products ordered under the Subscription, Subscription price (hereinafter "the All Inclusive Price"), (hereinafter the "Order Validation").
6°) Then, the Customer must follow the payment instructions on the Site, via the Seller's payment provider, and provide the information that will be requested from him.
7°) In the case of payment by credit card, the Customer then receives electronically, to the email address he has indicated, and without delay, a confirmation of acceptance of payment of the order. The Customer also receives by electronic means, at the same address, and without delay, an acknowledgement of receipt confirming the Subscription (the "Confirmation of the Order").
**3.4. The Products are then shipped and delivered by the Seller in accordance with the frequency agreed in the Subscription. The Subscription is automatically renewed at the end of the Subscription period, for the same duration and composition.
The Customer may suspend or stop his Subscription at any time, during the Subscription period, on his customer account or by contacting the Seller at contact@greenpowernutrition.fr. This suspension or stop will take effect at the end of the Subscription period. Any Subscription period started is due in full and can only be stopped or suspended by the Customer at its end. No refund can be requested in the event of a request for suspension or termination of the Subscription during the Subscription period.
The other stipulations applicable to the unit order, in Article 3.2, are also applicable, insofar as they are not incompatible with this Article.
**3.5. ERROR IN THE ORDER**
The Seller can under no circumstances be responsible for an error in the choice of Product or errors of input by the Customer during the order, or for any other information provided by the Customer that proves to be incorrect, nor for any consequences and in particular delays or errors in delivery.
In this case, if the Seller accepts, on a commercial basis, a reshipment of the Products, the costs incurred by a possible reshipment will be borne by the Customer.
In all cases, it is up to the Customer to check the accuracy of the order and to immediately report any error.
**3.6. REFUSAL OF THE ORDER**
In accordance with Article L121-11 of the Consumer Code, the Seller reserves the right to refuse any order for legitimate reasons, in particular in the event of payment problems, delivery problems following the provision of incomplete and/or imprecise information by the Customer, orders abnormally high compared to orders usually placed by the Customer, orders in too large quantities of the same Product demonstrating that the Customer is not a consumer but a professional, or orders placed in bad faith.
**3.7. ARCHIVING**
The Seller will archive orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 221-1°3 of the Consumer Code. The computerized records will be considered by the Parties as proof of communications, orders, payments and transactions between the Parties.
ARTICLE 4 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges having been notified, prior to placing his order, in a legible and understandable way, of the General Terms and Conditions of Sale and all the information and information referred to in Articles L111-1 to L111-7, and in particular: the essential characteristics of the Product, taking into account the communication medium used and the Product concerned; the price of the Products and ancillary costs (delivery, for example); the date or period by which the Seller undertakes to deliver the Product; information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, If they do not emerge from the context; the functionalities of the digital content and, if applicable, its interoperability; the possibility of using conventional mediation in the event of a dispute; information relating to the absence of a right of withdrawal. The fact that a natural (or legal) person orders on the Site implies full and complete acceptance of the General Terms and Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against the Seller.
ARTICLE 5 - RATES
Unless otherwise stated in writing, the prices appearing on the pages of the Site and when the order is registered by the Seller, are prices understood in Euros all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any participation in the costs of processing, shipping, transport and delivery.
The price indicated on the Site provided does not include the shipping costs, at the expense of the Customer, in addition to the price. These fees are calculated prior to the Validation of the Order by the Customer. The payment requested from the Customer during the Validation of the Order corresponds to the All Inclusive Price.
The Seller reserves the right to pass on any change in the VAT rate to the price of the Products. The applicable VAT rate will be the VAT rate in force on the day of the order. For a Subscription, the applicable VAT rate will be modified on the date of modification of the VAT rate, after notification of the Customer by electronic means.
The Seller also reserves the right to change its rates at any time. Nevertheless, the price indicated on the day of the order will be the only one applicable to the Customer. If the Customer has subscribed to a Subscription, the Seller can change his tax-free rates at any time but must notify the Customer by email. The new price will take effect for the Subscription period following the date of change of the rates. If the Customer does not accept the new price of the Subscription, he may suspend or stop his Subscription free of charge at the end of the Subscription period.
The rates take into account any discounts that would be granted by the Seller on the Site. The Seller may offer promotional codes to the Customer. These promotional codes are valid for a limited time and cannot be combined. Only one promotional code can be used for each order.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Ordered Products.
ARTICLE 6 - TERMS OF PAYMENT
The Customer can make his payment by credit card (Visa, Mastercard, American Express, other credit cards such as Ecard bleue, Paypal or Stripe) or by any other means offered by the Seller. The Customer guarantees the Seller that he is the holder of the means of payment used for the payment of the order and that he has sufficient funds to fully cover the payment of his order. Payment will be debited once the order has been accepted by the Seller and after verification of the card data, upon receipt of the debit authorization from the company issuing the credit card used.
In the event of subscription of a Subscription by the Customer, payment will be deducted at the beginning of each Subscription period. The Customer must ensure that he will have sufficient funds to cover the payment of the Subscription. If he changes the payment method during the Subscription, the Customer will have to make sure to update his customer account information. Otherwise, the Subscription will be stopped or suspended by the Seller. In the event of an impossibility to debit the sums due in payment of the order, for any reason whatsoever, the order will be cancelled or the Subscription stopped or suspended, without prejudice to the damages that the Seller may claim to compensate his damage.
Payments by credit card are made by means of secure transactions provided by a payment provider acting according to the rules of the art.
The Customer communicates the sixteen digits and the expiry date of his credit card as well as, if applicable, the numbers of the visual cryptogram.
In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his credit card, the Customer authorizes the Seller to debit his credit card for the amount corresponding to the All Inclusive Price.
The Seller does not have access to any data
ARTICLE 7 - DELIVERIES
**7.1. TERMS OF DELIVERY**
The Products are delivered in compliance with the rules applicable to this type of Products, either by the Seller or by a specialized carrier. The Products are delivered within the limits of the cities or countries listed on the Site. The Products ordered by the Customer will be delivered under the conditions indicated on the Site to the address indicated by the Customer when ordering on the Site. The Customer is solely responsible for a delivery defect due to the provision of false or erroneous information when ordering. Delivery is constituted by the transfer to the Customer of the physical possession of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go. In the case of a Subscription, the Products will be delivered according to the frequency applicable to the Subscription ordered by the Customer. The Customer must also update his address in the event of a move during the Subscription. The Seller will not be responsible if the Customer does not update his address in the event of a move. The costs of second delivery of any order, under a Subscription, which must be returned due to the lack of update of its delivery address by the Customer, will be charged to the Customer.
**7.2. DELIVERY TIMES**
The applicable delivery times will also be indicated on the Site and in the Order Confirmation email by the Seller. The delivery times of the Products ordered via a Subscription will also appear in the shipping email of the monthly order. Delivery times may vary depending on the availability of the Products that have been the subject of the Order. Delivery times are in working days and correspond to the average times for the preparation and delivery of the order and run from the date of Confirmation of the Order by the Seller.
The Customer will be notified by the Seller of the date of shipment. It is the Customer's responsibility to ensure that the order can be received by himself or by any person present at his delivery address. In the event of the Customer's absence on the scheduled date for delivery, and if the package is returned to the Seller in the event of non-withdrawal by the Customer, the Seller may ask the Customer for payment of the delivery costs if the latter wishes the order to be returned to him.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the deadlines specified above. However, these deadlines are communicated as an indication. If the Products ordered have not been delivered within three (3) calendar days after the indicative date of delivery, for any cause other than force majeure or the fact of the Customer, the order may be resolved at the written request of the Customer, at contact@greenpowernutrition.fr, under the conditions provided for in Articles L216-2, L216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen (14) days following the date of denunciation of the order, excluding any compensation or withholding. The Seller cannot be held liable in this respect.
**7.3. DELIVERY COSTS**
The amount of delivery costs depends on the place of delivery, the amount of the Order and the delivery method chosen by the Customer. In any case, the amount of the delivery costs is indicated to the Customer before the Validation of the Order.
**7.4. REFUSAL OF DELIVERY**
The Customer is required to check the condition of the products delivered. It has a period of one (1) calendar day from the date of delivery to make any reservations or complaints related to the receipt of the package, with all the related supporting documents (photos in particular). Reservations or claims may be as follows: damage, product missing from the delivery note, damaged package, broken products... Anomalies can be reported to the Seller at: contact@greenpowernutrition.fr. After this period and in the absence of having complied with these formalities, the Products will be deemed compliant and free from any apparent defect and no claim can be accepted by the Seller.
**7.5. TRANSFER OF OWNERSHIP - TRANSFER OF RISKS**
The transfer of ownership of the Seller's Products, for the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the said Products. Whatever the date of the transfer of ownership of the Products, the transfer of the related risks of loss and deterioration will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's and peril.
ARTICLE 8 - RIGHT OF WITHDRAWAL
The Customer has, in accordance with the provisions of the Consumer Code, Article L121-16 et seq. on distance selling, a period of fourteen days from the date of delivery of the product(s) ordered on the internet, to exchange or cancel an order for a product. The return of the products is the responsibility of the customer and must be returned via the same carrier as at the time of delivery which will guarantee a return in refrigerated delivery.
ARTICLE 9 - GUARANTEE OF NON-COMPLIANCE
The Products marketed by the Seller are subject to the legal guarantees of the Consumer Code and the Civil Code, and more particularly Articles L.217-4 to L217-14 of the Consumer Code (guarantee of non-conformity). We speak of a lack of conformity, within the limits of the exceptions of Articles 2.2. and 2.3. of the GTC, when:
- The good is unfit for the usual expected use of a similar good;
- The property does not correspond to the description given by the Seller;
- The property does not have the qualities announced by the Seller.
In the event of non-conformity of the Products, the Customer must notify the Seller of the defects in the Product, including a detailed explanation of the problem encountered. If the claim is well part of the lack of conformity or a hidden defect, the Customer may then, at his choice:
- Either be delivered with a Product of equivalent quality and price, within the limits of available stocks.
- Either be refunded the price of the Product ordered within fourteen (14) days of its request.
The delivery costs of a new Product will be borne by the Seller. In the event of implementation of the warranty, the Customer must contact customer service at: contact@greenpowernutrition.fr. The Seller will then inform the Customer of the procedure to be followed for the return. If necessary, the Seller will refund or replace as soon as possible and at his expense, the Products delivered whose lack of conformity or apparent defects have been duly proven by the Customer.
ARTICLE 10 - SELLER'S RESPONSIBILITY
**10.1. TRACES**
Despite the Seller's efforts, the Products are likely to contain traces of celery. They are therefore not recommended for people with food allergy. The Customer waives the Seller's liability in the event of damage suffered as a result of the said traces referred to in this Article. No compensation may be requested in this respect.
**10.2. RESPONSIBILITY**
The Seller cannot be held responsible for any indirect damage suffered by the Customer as a result of his visit to the Site, the order or use of the Products. This limitation of liability concerns any type of indirect damage, in accordance with French case law and jurisprudence, including but not limited to, operating losses, losses of turnover, loss of orders, loss of profits, loss of data or other information, loss of customers, loss of expected savings, damage to image and notoriety, loss of opportunity. Only direct damage caused to the Customer will be liable to the Seller, to the extent that they are strictly derived from the order or consumption of the Products. In all cases, and unless a public order rule applies, the Seller's liability, in the context of an order for Products, may not exceed the value of the said order.
ARTICLE 11 - SITE AND CUSTOMER ACCOUNT
**11.1. SITE**
The Site is free access and free of use. Each Customer can only create one customer account on the Site. Access to the Site may be restricted at any time to allow maintenance, repair or update of the Site. The Seller does not commit to any quality of service obligation for his Site, and will only make his best efforts to ensure that it is accessible. The Seller ensures the secure use of the Site. However, given the nature of the Internet, the Seller cannot guarantee absolute security of the Site and is only bound by an obligation of means
**11.2. USERNAME AND PASSWORD**
The Customer will create a customer account before his first order, by choosing his username (email address) and a password. The Customer must also provide the information necessary for orders and in particular, his last name and first name, postal address, email address and telephone number. This customer account will be used by the Customer to access his account on the Site. The Customer is responsible for providing a strong and sufficiently complex password. The Seller will not be responsible in the event of access to the customer account by a third party, by a brute force attack.
**11.3. USE OF THE CUSTOMER ACCOUNT**
The Customer is responsible for the security and use of the username and password of his customer account. In particular, the Customer must ensure that they are used in accordance with these GTC. The Seller will not be responsible for any unauthorized use of the customer account by a third party, and will not be liable for any damage caused by such use. If the Customer realizes that his customer account is compromised or used without authorization, or any other security breach related to his customer account, he must inform the Seller as soon as possible. The Seller will not be responsible if it is impossible for the Customer to access the Site. However, the Seller may, at any time, close a Customer's account without having to notify him, in the event of a violation of the provisions of these GTC, without any compensation being requested by the Customer. The Seller's responsibility cannot be sought in this regard. However, the Seller may engage the Customer's liability and claim damages as such, if the latter has not complied with these GTC.
**11.4. SECURITY**
The Customer undertakes not to act in the following way, without this list being exhaustive:
- Act in a way that could compromise the functioning of the Site,
- Attempt to access a third party's customer account,
- Attempt to access the servers (outside normal use of the Site) or computers of the Seller's network,
- Attempt to upload viruses, Trojan horses, or any other invasive or illegal program on the Site or its servers,
- Extract data from the Site without prior written authorization from the Seller,
- Use the Site in an illegal way or in violation of these GTC or any applicable law.
**11.5. CUSTOMER ACCOUNT DATA**
The Customer undertakes to provide real and up-to-date information on his customer account, which is used for the execution of orders. In accordance with Article "Informatique et Libertés", the Customer may also request the deletion of his customer account, in accordance with his right of access and rectification resulting from the Data Protection Act. In this case, the Customer's data will be deleted within a maximum of two (2) months from receipt of the request.
ARTICLE 12 - COMPUTERS AND FREEDOMS
In order to fulfill his obligations, the Seller may collect personal data. The Seller's personal data policy, detailing the methods of collection and processing them, is accessible at the following address: www.greenpowernutrition.fr/mention-legale.
ARTICLE 13 - INTELLECTUAL PROPERTY
The texts, images, domain names, trademarks, designs, models, patents, software, databases, used on the Site and for the Products, are:
- the property of the Seller, or;
- if applicable, the property of a third party who has provided a license to use the Seller.
These elements are protected all over the world. These GTC do not grant any intellectual property right to the Customer, who may not reproduce any of the elements of the Site, in part or in whole, without the prior written consent of the Seller. Any partial or total reproduction of these elements may constitute an infringement. The Seller reserves the right to take any action that is necessary to assert his rights and to repair his damage.
ARTICLE 13 - GENERAL
13.1. Mediation
In accordance with the provisions of Articles L612-1 and following of the Consumer Code, the Customer, consumer, has the possibility, in the event of a dispute with the Seller, to use the MEDICYS mediation service free of charge:
Electronically: www.medicys.fr,
Or by post: MEDICYS 73 Boulevard de Clichy 75009 Paris
Alternatively, in the context of a dispute between the parties and following a failure of a written complaint from the Customer to customer service or in the absence of a response from this service within a reasonable period of one (1) month, the Customer, a consumer, may use any alternative method of dispute resolution and in particular a mediation procedure by accessing the European online dispute resolution platform at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm? event=main.home.show&lng=FR which will try, in complete independence and impartiality, to reach an amicable resolution of the dispute.
The Customer, a consumer, remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each Party is free to accept or refuse the solution proposed by the mediator.
13.2. ENTIRE AGREEMENT
These GTC prevail over any other provision potentially applicable to the relationship between the Seller and the Customer. These GTC cancel and replace any prior commitment of the Parties relating to the subject and constitute the entire agreement between the Parties with respect to the subject hereof.
In particular, it is agreed that the GTC apply to the exclusion of all other conditions, and in particular those applicable to in-store sales or through other distribution and marketing channels.
13.3. Exclusive rights
No exclusivity is concluded between the Parties by accepting these GTC. The Parties remain free to contract with the third parties of their choice.
13.4. SURVIVAL OF CERTAIN STIPULATIONS
The end of these GTC, for any reason whatsoever, shall not be valid for clauses whose nature or content require their maintenance.
13.5. PARTIAL NON-VALIDITY
If one or more provisions of these GTC is/are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, they will be deemed unwritten and the other stipulations will retain their full force and scope.
13.6. NON-RENUNCIATION AND TOLERANCE
The fact that the Seller does not claim against the Customer of a breach of any of the obligations referred to in these GTC cannot be interpreted for the future as a waiver of the obligation in question and does not have the effect of granting the other Party acquired rights.
A defect or delay in the exercise of a right by the Seller cannot be interpreted as a waiver of this right.
13.7. Independence
Neither Party may make a commitment in the name and/or on behalf of the other. In addition, each Party remains solely responsible for its acts, allegations, commitments, benefits, products and personnel.
13.8. Evidence
The Parties agree that all electronic communications, including email, may be demonstrated among themselves.
In particular, the Customer acknowledges the value of proof of the Seller's automatic registration systems and, except for him to provide evidence to the contrary, he renounces to dispute them in the event of a dispute.
13.9. FORCE MAJEURE
In the context of the execution of these GTC, the Seller will not be held liable in the event of a breach of performance of his obligations due to any Force Majeure event.
For the purposes of these GTC, Force Majeure is understood as any unforeseeable, irresistible event external to the Parties within the meaning of French law and case law.
In the event of the occurrence of a case of Force Majeure, it will have the effect of suspending the performance of the Seller's obligations, who will do his best to limit the consequences and resume the execution of the GTC as soon as the event or circumstances of force majeure disappears or cease.
ARTICLE 14 - APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale and the transactions resulting from them are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would be authentic in the event of a dispute.
ARTICLE 15 - DISPUTES
All disputes to which the purchase and sale transactions concluded pursuant to these general terms and conditions of sale, and not resolved amicably or by mediation between the Parties, may give rise, concerning both their validity, interpretation, execution, termination, consequences and consequences and which could not have been resolved between the seller and the customer will be submitted to the competent court within the jurisdiction of the Court of Appeal of Paris under the conditions of common law including interim relief, a guarantee or a plurality of defendants, and regardless of the country Of the Customer's origin.
The Customer is informed that he may in any case use conventional mediation, pursuant to Article "Mediation".