GENERAL TERMS AND CONDITIONS OF SALE
Date of last update: 24 January 2023
Article 1 - LEGAL NOTICE
This site, accessible at the URL www.oeildeko.com (the "Site"), is published by :
L'œil de KO a simplified joint stock company with a capital of 10,000 euros, registered with the R.C.S. of Paris under number 915 349 906 R.C.S. whose registered office is located at 52 rue de Richelieu 75001 Paris represented by Fournier Philippe duly authorised,
(hereinafter referred to as the "Operator").
The individual VAT number of L'œil de KO is: FR03915349906.
The Site is hosted by the company OVH, located at 2 rue Kellermann - BP 80157 59053 ROUBAIX CEDEX 1.
The KO Eye can be contacted on the following telephone number 01.42.71.13.92 and at the following e-mail address firstname.lastname@example.org
Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general terms and conditions of sale (the "General Terms and Conditions of Sale", or the "GTC") apply exclusively to the online sale of products offered by the Operator on the Website.
The GSC are made available to customers on the Website where they can be consulted directly and can also be communicated to them on request by any means.
The GTC are binding on the customer, who acknowledges, by ticking a box or clicking on the button provided for this purpose, that he has read them and accepted them before placing an order. Validation of the order by its confirmation implies the buyer's acceptance of the GCS.
Article 3 - DESCRIPTION OF THE PRODUCTS
The Site is a website for the online sale of decorative objects and works of art (hereinafter the "Product(s)") open to any individual or legal entity using the Site (the "Customer").
The Products presented on the Site are each described in terms of their essential characteristics.
The objects sold on L'œil de KO are most often unique pieces, antique or contemporary, made by hand in an artisanal manner, and are therefore not free from defects or imperfections.
They are described as accurately as possible, however, the Customer is invited to contact L'œil de KO's customer service department to obtain any useful clarification.
Any photographs illustrating the Products do not constitute a contractual document. The Products comply with the provisions of French law in force.
The Customer remains responsible for the methods and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at the Customer's expense. In addition, the Customer must provide and be entirely responsible for the equipment required to connect to the Site.
The Customer acknowledges that he/she has checked that the computer configuration he/she is using is secure and in working order.
Article 4 - CREATION OF THE CUSTOMER AREA
Customers do not need to create a customer account in order to access a dedicated area.
Article 5 - ORDERS
The Operator endeavours to guarantee optimum availability of its Products. Product offers are valid while stocks last.
If, despite the best efforts of the Operator, a Product proves to be unavailable following the Customer's order, the Operator will inform the Customer by email as soon as possible and the Customer will benefit from :
reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the sums already paid.
It is agreed that, apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable to pay any cancellation compensation, unless it is personally responsible for the non-performance of the contract.
With the exception of any mention to the contrary in these General Terms and Conditions and without prejudice to the right of withdrawal provided for by the applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the Products chosen and add them to their basket, indicating the Products selected and the quantities desired. The Customer may check the details of their order and its total price, and return to the previous pages to correct the contents of their basket if necessary, before validating it.
The Customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges prior to payment of the order. Confirmation of the order implies acceptance of the GTS and forms the contract.
A copy of these General Terms and Conditions as accepted by the Customer will be sent to the Customer by e-mail when the Order is confirmed, so that the Customer can refer to them.
Contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer by e-mail. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email sent to the Customer in connection with an order will be sent to the email address used by the Customer when confirming the order.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that:
The Customer does not comply with the General Terms and Conditions in force at the time of the order;
The Customer's order history shows that sums are still owed for previous orders;
One of the Customer's previous orders is the subject of a dispute that is currently being processed;
The Customer has not responded to an order confirmation request sent to him by the Operator.
The Operator archives contracts for the sale of Products in accordance with applicable legislation. By sending a request to the following address email@example.com, the Operator will provide the Customer with a copy of the contract which is the subject of the request.
Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.
The information provided by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Therefore, the Operator cannot be held responsible in the event that an error in placing the order prevents or delays delivery.
The Customer declares that he/she has full legal capacity to enter into commitments under these General Terms and Conditions.
Article 6 - PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order subject to payment, which requires the payment of a price in exchange for the supply of the Product ordered.
In any event, the Operator reserves the right to check the validity of the payment, before dispatching the order, by all necessary means.
The Operator uses the Stripe online payment solution via Shopify.
Orders may be paid for using the following method of payment:
Payment by credit card. Payment is made directly to the secure bank servers of the Operator's bank, and the Customer's bank details do not pass through the Site. The bank details communicated at the time of payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer's order is recorded and validated as soon as payment is accepted by the bank.
The Customer's account will only be debited for the corresponding amount once (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.
If it is impossible to debit the sums due, the sale will be cancelled immediately.
In particular, the bank card may be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
Where applicable, the order validated by the Customer will not be considered effective until the secure bank payment centre has given its agreement to the transaction.
As part of the control procedures, the Operator may have to ask the Customer for all the documents required to finalise the order. These documents will not be used for any other purpose.
Article 7 - PAYMENT OF THE PRICE
The price of the Products in force at the time of the order is indicated in euros including all taxes (TTC) but excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to all orders placed during the period in which the promotion is advertised.
The price is payable in euros (€) only. The price is payable in full once the order has been confirmed. The prices quoted include any discounts and rebates that the Operator may grant.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the Customer confirms the order. The total amount due by the Customer and the details thereof are indicated on the order confirmation page.
If customs duties, local taxes or import duties are payable, they are the sole responsibility of the Customer. It is the Customer's responsibility to draw up the declarations and payments required by the competent authorities/organisations. It is the Customer's responsibility to obtain information from the competent authorities before ordering the Works.
Article 8 - FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed when the Customer sends confirmation of his order.
The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his/her order, he/she must confirm it using the "double-click" technique, i.e. after selecting the Products added to the basket, the Customer must check and, if necessary, correct the contents of his/her basket (identification, quantity of Products selected, price, delivery methods and costs) before validating it by clicking on "I validate my delivery", then he/she acknowledges acceptance of these GCS and validates his/her order (after filling in his/her bank details) before clicking on the "Pay for my order" button. The "double click" constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unreserved acceptance of the order by the Customer.
Communications, order forms and invoices are archived by the Operator on a reliable and durable medium so as to constitute a true and durable copy. These communications, order forms and invoices may be produced as proof of the contract. In the absence of proof to the contrary, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
The order may be cancelled by the Customer by registered letter with acknowledgement of receipt or in writing on another durable medium in the event of:
delivery of a Product that does not comply with the declared characteristics of the Product ;
delivery beyond the deadline set in the order form or, in the absence of such a deadline, within thirty (30) days of the conclusion of the contract, after the Operator has been requested, in the same way and to no avail, to carry out delivery within a reasonable additional period;
a price increase that is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the Customer may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of collection of the deposit.
The order may be cancelled by the Operator in the event of :
refusal by the purchaser to take delivery ;
non-payment of the price (or the balance of the price) at the time of delivery.
Article 9 - RESERVATION OF OWNERSHIP
The Operator retains exclusive ownership of the Products ordered on the Site until full payment has been received, including any delivery charges.
Article 10 - SHIPPING AND DELIVERY OR WITHDRAWAL
The online sales offers presented on the site are reserved for consumers residing in France or abroad.
Delivery means the transfer to the Customer of physical possession or control of the Product.
The Operator offers different methods of delivery or delivery depending on the nature of the product: Delivery is made according to the delivery method chosen by the Customer as indicated in the Order confirmation.
The delivery costs are those specified when the order is finalised and are accepted when the order is validated.
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum of thirty (30) days after receipt of the order.
Delivery times are announced in working days on the Site when the order is placed. These times include the preparation and dispatch of the order as well as the time allowed by the carrier.
The Operator undertakes to dispatch the Products in accordance with the delivery times announced on each Product sheet and in the shopping basket, provided that payment for the order has not previously been refused.
However, if one or more Products cannot be delivered within the period initially announced, the Operator will send an email indicating the new delivery date to the Customer.
The Products will be delivered to the address indicated by the Customer when placing the order. It is therefore the Customer's responsibility to check that this address does not contain any errors. The Operator may not be held liable if the address provided by the Customer is incorrect, thereby preventing or delaying delivery.
In accordance with article L216-4 of the French Consumer Code, Products travel at the seller's risk. However, if the buyer entrusts the delivery of the goods to a carrier other than the one proposed by the professional, the risk of loss or damage to the goods is transferred to the buyer as soon as the goods are handed over to the carrier.On delivery, the buyer may be asked to sign a delivery note.
No delivery will be made to a post office box.
On delivery, it is the Customer's responsibility to check that the Products delivered comply with the order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery note. No complaint regarding the quantity or condition of the Product will be accepted if the complaint has not been indicated on the delivery slip.
The buyer may collect his/her purchase directly from the L'œil de KO sales outlet within 15 days of purchase. The buyer will therefore not pay any delivery charges, he/she simply needs to tick the "collection from the seller" box in the delivery methods offered.
Article 11 - RIGHT OF WITHDRAWAL
Si un Produit livré ne donne pas entière satisfaction au Client, ce dernier pourra le retourner à l’Exploitant. Le Client disposera de quatorze (14) jours pour le faire à compter de la date de réception de la commande.
Conformément à l’article L.221-21 du Code de la consommation et afin de mettre en œuvre ce droit de rétractation dans les conditions des articles L. 221-18 et suivants du Code de la consommation, le Client est invité à remplir le formulaire type de rétractation en cliquant sur le lien ci-après https://oeil-de-ko.com/pages/contact
L’Exploitant adressera un accusé de réception de la demande de rétractation du Client par e-mail.
Le cas échéant, le Client peut exercer son droit de rétractation en notifiant les informations suivantes à l’Exploitant :
nom, adresse géographique, numéro de téléphone et adresse électronique ;
décision de rétractation au moyen d'une déclaration dénuée d'ambiguïté (par exemple, lettre envoyée par la poste, télécopie ou courrier électronique dès lors que ces coordonnées sont disponibles et de ce fait apparaissent sur le formulaire type de rétractation). Le Client peut utiliser le modèle de formulaire de rétractation mais ce n'est pas obligatoire.
Les frais de retour sont à la charge du Client.
Les exceptions de l’article L.221-28 du Code de la Consommation s’appliquent et font obstacle à l’exercice du droit de rétractation, notamment si la commande consiste en un contrat :
the supply of services which are fully performed before the end of the withdrawal period and where performance has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal;
the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
the supply of goods made to the consumer's specifications or clearly personalised;
the supply of goods likely to deteriorate or expire rapidly;
the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
the supply of alcoholic beverages the delivery of which is deferred beyond thirty (30) days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional ;
maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency; the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery ;
the supply of a newspaper, periodical or magazine, except for contracts for subscriptions to these publications;
concluded at a public auction;
the provision of accommodation services, other than residential accommodation, transport of goods, car hire, catering or leisure activities, which must be provided on a specific date or at a specific time;
the supply of digital content not supplied on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
The Product must be returned in its original packaging, in perfect condition, fit for resale, unused and with all accessories.
In addition to the returned Product, the return parcel must also contain a letter specifying the Customer's exact and complete contact details (surname, first name, address) as well as the order number and the original purchase invoice.
The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and all the elements required to implement the reimbursement of the Customer. This refund may be made by the same means of payment as that used for the Customer. In this respect, Customers who have paid for their order in the form of credit notes/gift vouchers may be reimbursed by credit notes/gift vouchers at the Operator's discretion.
By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the cancellation procedure.
Article 12 - CUSTOMER SERVICE
The Customer may contact the Operator :
on 06.58.11.81.42 during the following opening hours: Monday to Friday from 10am to 7pm.
by email to firstname.lastname@example.org, indicating the Customer's name, telephone number, the subject of the request and the number of the order concerned.
Article 13 - INTELLECTUAL PROPERTY AND SITE USE LICENCE
The Operator is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, images whether animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site, in whole or in part, may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or against payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the express prior written authorisation of the Operator on a case-by-case basis, and the Customer shall be solely liable for any unauthorised use and/or exploitation.
ARTICLE 14 - LIABILITY AND WARRANTY
The Operator may not be held liable for non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party to the present contract.
The Customer acknowledges that the characteristics and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions over the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or presentation.
The Operator may not be held responsible for any use made of the Site and its services by Customers in breach of these General Terms and Conditions and for any direct or indirect damage that such use may cause to a Customer or to a third party. In particular, the Operator may not be held responsible for false declarations made by a Customer or for his behaviour towards third parties. In the event that the Operator's liability is sought as a result of such behaviour on the part of one of its Customers, the latter undertakes to indemnify the Operator against any sentence pronounced against it and to reimburse the Operator for all costs, in particular lawyers' fees, incurred in its defence.
Independently of any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the French Civil Code.
When you take action under the legal guarantee of conformity :
you have a period of two (2) years from delivery of the goods in which to take action:
you may choose between repairing or replacing the goods, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code;
you are exempt from having to prove the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except for second-hand goods).
You may decide to invoke the guarantee against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, you may choose between rescinding the sale or reducing the purchase price in accordance with article 1644 of the French Civil Code.
Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the French Consumer Code, articles 1641, 1644 and the first paragraph of article 1648 of the French Civil Code, as in force on the date of these General Terms and Conditions of Sale:
Article L.217-4 of the French Consumer Code:
"The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility".
Article L.217-5 of the French Consumer Code:
"The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given 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 purchaser may legitimately expect having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter."
Article L.217-7 of the French Consumer Code:
"Defects in conformity that appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
For goods sold second-hand, 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 claimed.
Article L.217-9 of the French Consumer Code:
"In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer".
Article L.217-12 of the French Consumer Code:
"Any action resulting from a lack of conformity is time-barred after two years from delivery of the goods".
Article 1641 of the French Civil Code:
"The seller is liable for any latent defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them".
Art. 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 returned to him, or keeping the thing and having part of the price returned to him."
Art. 1648 paragraph 1 of the Civil Code:
"Actions arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect".
It should be noted that the search for amicable solutions prior to any legal action does not interrupt the legal warranty periods or the duration of any contractual warranty.
ARTICLE 15 - COMMERCIAL GUARANTEE
All the Works on sale on the Internet Site are covered by the legal guarantee of conformity (hereinafter referred to as the "Conformity Guarantee") as defined in articles L. 217-4 et seq. of the French Consumer Code, on the one hand, and the guarantee against hidden defects (hereinafter referred to as the "Hidden Defects Guarantee") as defined in articles 1641 et seq. of the French Civil Code, allowing the Customer to return defective or non-compliant Works free of charge.
Legal Warranty of Conformity
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 defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility".
Article L. 217-5 of the French Consumer Code: "To comply with the contract, the goods must :
1) Be fit for the purpose ordinarily expected of similar goods and, where applicable: a) 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; b) have the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L271-12 of the French Consumer Code: "Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
Guarantee against hidden defects
Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that reduce this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.
Article 1648 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".
Consequences of implementing the legal guarantees
As part of the Conformity Guarantee, the Vendor undertakes, at the Customer's option :
either to repair the Work, or to replace the Work with an identical Work depending on available stocks in the case of works in the form of numbered limited or non-limited editions;
or to reimburse the price of the Work if it proves impossible to replace the Work, particularly in the case of unique items.
Within the framework of the Hidden Defects Guarantee, the Seller, depending on the Customer's choice, undertakes, after assessing the defect :
either to refund the full price of the Work returned ;
or to refund part of the price of the Work if the Customer decides to keep the Work.
Exclusion of warranties
The guarantee does not cover the Work(s) modified, repaired, integrated or added by the Customer. The guarantee will not apply to apparent defects. The guarantee will not cover the Work(s) damaged during transport after delivery or as a result of misuse.
Obvious damage caused by installation and transport
The Seller may not be held liable for the following damage :
damage caused by improper installation or assembly of the Work ;
damage caused by inappropriate solutions or cleaning methods for the Work;
damage caused by exposure to the weather or an unsuitable environment;
changes in the appearance of hand-rubbed finishes or unlacquered finishes - the latter are supposed to age in appearance;
damage caused during transport of the Work.
The Customer is invited to make a complaint to the delivery company if the Work(s) delivered show(s) obvious damage caused by transport; he/she is also invited to inform the Seller thereof. Failure by the Customer to make such a complaint shall have no effect on his legal or contractual rights arising from the defects.
Limitation of liability
The Seller's liability in respect of any Work purchased on the Web Site is strictly limited to the purchase price of the Work and the cost of delivery. Under no circumstances will the Seller be liable for any of the following losses, regardless of their origin:
loss of income or sales ;
business interruption ;
loss of profits or contracts ;
loss of anticipated savings ;
loss of data ;
loss of working or management time;
loss of image ;
loss of opportunity, in particular to commission a Work;
The documents, descriptions and information relating to the Works appearing on the Internet Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided by law as mentioned in article 8 hereof.
The Seller is only obliged to deliver Works that comply with the contractual provisions. The Works are considered to be in conformity with the contractual provisions if the following conditions are met:
they comply with the description and possess the characteristics set out on the Site ;
they must be suitable for the purposes for which Works of this kind are generally designed;
they must meet the quality and resistance criteria that are generally accepted for Works of the same kind and that the Customer can reasonably expect.
ARTICLE 17 - PERSONAL DATA
Article 18 - HYPERTEXT LINKS
The hypertext links available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the Customer's convenience, in order to facilitate use of the resources available on the Internet. If the Customer uses these links, he will be leaving the Site and agreeing to use the third-party sites at his own risk or, where applicable, in accordance with the conditions governing them.
The Customer acknowledges that the Operator does not control or contribute in any way to the drafting of the conditions of use and/or the content applying to or appearing on these third party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
In addition, the Customer acknowledges that the Operator does not endorse, guarantee or take over all or part of the conditions of use and/or content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third party sites not published by the Operator.
The Operator invites the Customer to inform it of any hypertext link present on the Site which would allow access to a third party site offering content contrary to the law and/or morality.
The Customer may not use and/or insert a hypertext link pointing to the Site without the prior written agreement of the Operator on a case-by-case basis.
ARTICLE 19 - REFERENCES
The Customer authorises the Operator to mention the Customer's name and logo as a reference in its communication media (brochure, website, sales proposal, press relations, press release, press kit, internal communication, etc.).
ARTICLE 20 - GENERAL PROVISIONS
ENTIRE AGREEMENT BETWEEN THE PARTIES
These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more stipulations of these General Terms and Conditions are declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain all their force and scope. Furthermore, the fact that one of the parties to these General Terms and Conditions does not take advantage of a breach by the other party of any of the provisions of these General Terms and Conditions shall not be interpreted as a waiver on its part to take advantage of such a breach in the future.
MODIFICATIONS TO THE CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to cease temporarily or permanently to operate all or part of the Site.
In addition, the Operator reserves the right to modify the location of the Site on the Internet, as well as these General Terms and Conditions, at any time and without prior notice. The Customer must therefore refer to these General Conditions before using the Site.
The Customer acknowledges that the Operator may not be held liable in any way whatsoever to the Customer or to any third party as a result of these modifications, suspensions or cessations.
The Operator advises the Customer to save and/or print out these General Terms and Conditions for safe and durable storage, and thus to be able to invoke them at any time during the performance of the contract if necessary.
COMPLAINTS - MEDIATION
In the event of a dispute, you should first contact the company's customer service department at the following address: email@example.com
If the request for a complaint to the customer service is unsuccessful or in the absence of a response from this service within ten (10) days, the Customer may submit the dispute relating to the order form or these GCS opposing him to the Operator to the following mediator:
The mediator will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
These General Terms and Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read these General Terms and Conditions.
By registering on the Site, the Customer confirms that he/she has read the General Terms and Conditions and accepts them, thereby becoming contractually bound by the terms of these General Terms and Conditions.
The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to that date may be given to the Customer on request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any order placed previously, except with the express agreement of the Customer at the origin of a given order.