Terms of sale

SERGE LUTENS Terms and Conditions

Applicable as from 25 October 2022.

These general terms and conditions of sale (the “T&Cs”) constitute a contract between (a) the company OZ, a société par actions simplifiée with a share capital of 166 138 euros, registered with the Company Registry of Paris under number 508 514 494 and with headquarters located at1 boulevard Victor 75015 Paris, FRANCE, acting on behalf of LES SALONS DU PALAIS ROYAL SHISEIDO (the “Vendor”, “LSPRS”, “we” or “us”) and (b) any person (the “Client” or “you”) wishing to purchase perfumes, cosmetics accessories and/or any other product developed under the SERGE LUTENS brand (the “Products”) via the https://www.sergelutens.com e-commerce web site (“the Site”).

LES SALONS DU PALAIS ROYAL SHISEIDO is a société anonyme with a share capital of 5,454,975 euros, registered with the Companies Registry of Paris under number 383 926 987 and with headquarters located in 25 rue de Valois 75001 Paris.

Email: [email protected]

Phone: 09 74 99 02 12

VAT number: FR 63 383 926 987

Throughout these T&Cs, the Client and the Vendor shall be referred to jointly as the “Parties”, and individually as a “Party”.

Please note that the Products are sold through a selective retail network and are solely destined for the Client’s own personal use. The Vendor will be entitled to refuse any order that does not clearly correspond to a retail sale.

Moreover, Clients are hereby informed that they may not order more than five (5) Products with the same reference. Orders exceeding the abovementioned quantity cannot be placed.

By placing an order for Products on the Site, the Client acknowledges having read and accepted these T&Cs without reservations. No signature on the part of the Client shall be required for this agreement to be valid.

The Client’s access to the Site is also governed by the legal notices and general terms and conditions of use of the Site as well as by the Privacy Policy, both of which are accessible on the Site.

If you place an order of product(s) on the Site, we recommend you to save these T&Cs.

None of the special terms and conditions featuring in the documents issued by the Client (including their orders) may take precedence over these T&Cs without the prior express consent of the Vendor.

ARTICLE 1: SUBJECT-MATTER

These T&Cs set out the terms and conditions governing the online sale and the delivery of the Products by the Vendor to the Client, as well as the respective rights and obligations of the Parties arising from the online sale of the Products that are offered on the Site.

They set out for instance all the steps that must be taken to place an order.

ARTICLE 2: PRODUCTS

2.1. description of the PRODUCTS

The Products available to purchase on the Site and their detailed descriptions (in the form of product data sheets) are shown on the Site to enable potential Clients to obtain information about the key characteristics of the Products that they wish to buy before placing an order.

The Vendor does everything in its power to ensure that the visual depictions of the Products shown on the Site constitute faithful reproductions of the original Products. Nevertheless, given that the Vendor does not have full control over the colour rendering properties of the Client’s computer hardware and software, the Vendor cannot be held liable for any inaccuracy of the photographs featuring on the Site.

All features, content, specifications, sizes and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown.

Perfumes products must not be used onto recently-shaven skin.

Clients who have any question or require any advice concerning the Products and their use may contact the Customer Service unit:

- by sending an e-mail to [email protected]

- by telephone on 09 74 99 02 12 or + 33 9 74 99 02 12 from abroad (Monday to Friday from 10am to 6pm Paris time).

The Customer Service unit will provide information in French and English languages only.

2.2 AVAILABILITY OF THE PRODUCTS

2.2.1. The Products sold by the Vendor are those featuring on the Site on the day on which the Client accesses the Site, subject to availability.

The Vendor shall do everything in its power to report any permanent or temporary unavailability of its Products on the Site’s information page describing each Product or at the time when a Client places their order.

2.2.2. Despite our vigilance, should a Product that is ordered not be available at the time of sending the order, the Vendor shall have no other choice than to cancel all the order and shall inform the Client about this as soon as possible by e-mail or phone. This notification may be issued at any point in time between the approval of the order and its shipment.

Where an order cover several Products, the Client will be entitled to place a new order for the available Products.

Should the bank account / bank card of the Client already have been debited at the time of the cancellation, the Vendor undertakes to refund the entire value of the order to the Client as soon as possible, directly to the bank account / bank card that was used to pay for the order.

An order shall not be cancelled in case of unavailability of free samples or gifts.

The Vendor reserves the right to, at any time, modify or decide to no longer market the Products on the Site, being specified that such modifications will have no impact on the orders that the Vendor would have had already approved beforehand.

ARTICLE 3: PRICES

The prices of the Products shall be firm and shall be quoted in US dollars. The applicable prices shall be those that are displayed on the Site at the time when the Clients place their orders.

The Vendor reserves the right to modify the prices at any time and without prior notice. However, the Products will be invoiced to the Client at the price applicable at the time when the order has been placed.

These prices are quoted including all taxes, with the exception of the delivery costs and any customs duty and other taxes and levies linked to the delivery, all of which shall be invoiced separately and shall be mentioned specifically on the order summary prior to final approval by the Client, as well as in the order confirmation e-mail sent subsequently to the Client.

Sales tax will be charged on orders being shipped to states that require this Sales tax. For orders shipping to all other states, sales tax will not be charged.

The total price stated in the order summary and in the order confirmation e-mail shall cover all of the moneys billed to the Client, including all taxes and levies, delivery costs and customs duty.

The prices include VAT and any change in the statutory rate of this tax shall be reflected in the prices of the Products featuring on the Site, as of the date stipulated by the statutory instrument introducing this change.

Should the Client use a bank card tied to an account denominated in a currency other than U.S. dollars, the Client’s bank may charge currency conversion costs and bank costs, which must be borne by the Client in full.

In case of an error in the price quoted for the Products at the time of the order, should the quote price be significantly low in comparison to the correct price, we shall contact you to give you the option to either maintain your order while paying the right price, or to cancel your order.

ARTICLE 4: orders

4.1. Placing an order

By browsing the Site, Clients may obtain more information about the various Products that are on sale on the date of their visit. A Client who browses the various pages of the Site shall not be under any obligation to place an order.

When placing an order, Clients shall be guided by a series of straight-forward instructions featured on the Site:

To place an order on the Site, a Client must be at least 18 years-old or the legal age of majority in their jurisdiction, have the legal capacity to be bound by these T&Cs and hold a payment method as defined in article 6.1 below.

When browsing the Site, a Client who wishes to place an order may do so by clicking on the Product or on the [Add to shopping CART] button located beside each Product shown; the Client’s ”Cart” shall then be displayed at the top right-hand-side of the screen, and shall list all the items that are included thus far in the order, the sum total to be paid for the Products (excluding delivery costs), as well as the product name, picture and quantity of each item in the shopping cart. The Client may select further Products by continuing to browse the Site.

To see what items are contained in its shopping cart at any point in time, the Client has to click on the [SHOPPING CART] icon at the top right-hand corner of the screen. After that, the Client will have access to its shopping cart summary, showing all the items it contains, with the picture, the name and the quantity of the Products selected. A sub-total will be indicated, but excluding the delivery costs and taxes.

At this stage, the Client may change the quantity of a Product, add it to his/her wish list or delete it from the cart. The sum total value of the order shall then be recalculated automatically. With regards to Products available in various colors, the Client will not be able to change the color of the Product on the page [SHOPPING CART], he shall go back to the relevant product sheet and select the desired color.

The Client can have access to more details by clicking on [PLACE MY ORDER]. The page [SHOPPING CART] will be then displayed on screen, showing all the items it contains, with the picture, the name and the quantity of the Products selected, the total price to be paid and an estimate of the delivery costs. Finally, the Client may also select free samples or gifts.

Clients should note that they may change their mind, modify their order, cancel it or add further Products at any point in time during the ordering process, until they confirm their order and pay for it in accordance with the terms of this article and article 6.

In order to remove an item from the shopping cart, the Client must click on [REMOVE] below the price of the Product in the shopping cart. The sum total value of the cart shall then be recalculated automatically.

At this point, the Client shall be prompted to read and accept these T&Cs by ticking the appropriate box.

If the Client has a promotional code, the Client should insert it on the following by clicking on “PLACE MY ORDER”.

The Client will be redirected to a new Information page. the Client shall insert its code in the [INSERT YOUR PROMOTIONAL CODE] field located at the right of the page. Once the Client has clicked on [VALIDATE], the corresponding discount will automatically appear in its cart. On the same page, the Client may have access to express payment [PAYPAL] or to input its email contact details and shipping address. The Client shall input its delivery details in the form that is displayed. In particular, the Client must provide an address to which deliveries may be made during working hours, Monday to Friday, as well as its full name and e-mail address. Once the form has been filled in, the Client must click on the [SHIPMENT] button.

The page Delivery is displayed. At this step, the Client can choose a delivery method. The delivery costs is displayed to help him in its choice.

Once the Client shall have clicked on [PAYMENT], the Client will be redirected to a Payment page and must choose a payment method, provide banking details and confirm the billing address (which may be identical or different from the delivery address).

A summary of the order will then be displayed on the right-hand side of the screen, reiterating all the information concerning the order, including the type, quantity and the price of the Products, the sum total payable for the order (including delivery costs), its contact details and the delivery address.

After checking the status of their order, Clients shall be prompted: • to pay for their order, in accordance with the terms of article 6 of these T&Cs; • or to change the characteristics of their order and/or their contact details by clicking on the “GO BACK to SHIPMENT” button or on the SERGE LUTENS logo in the Site’s header.

Then the Client can finalise the order by clicking on [PAY NOW].

Once the Client shall have clicked on the [PAY NOW] button, the Order Confirmation page shall be displayed. The data gathered by the Vendor shall be used as evidence for all the transactions performed by the Vendor and the Client.

Once this step has been confirmed, Clients shall no longer be able to cancel their orders. The sale shall be final (subject to the Clients’ right to withdraw in keeping with the terms of article 6 of these T&Cs).

4.2. ORDER CONFIRMATION

Once the order has been confirmed by the Client and the payment has been approved in accordance with the procedures that are explained in article 6 below, a summary of the order placed by the Client, listing all the Products ordered shall be displayed, and an e-mail confirming the order shall be sent to the Client (the “Order Confirmation”).

The confirmation e-mail sent by the Vendor shall set out the following details:

the order number allocated by the Vendor when the Client placed their order;
the order summary (identification of the Product(s) ordered, the quantity and the price);
the total value of the order, including all taxes;
the delivery costs;
The delivery procedure for the Product(s) ordered (delivery method),
The terms and conditions (PDF format) applicable to the order.

The price of the order shall be taken when the Product(s) are dispatched. The Client shall thereupon receive an e-mail mentioning the dispatching of their order.

Clients who require information regarding the status of their orders should log in to their account to follow their order status or contact our Customer Service unit in case of a problem by clicking [HERE] or on 09 74 99 02 12 in France or +33 9 74 99 02 12 from abroad (Monday to Friday, from 10am to 6pm – Paris time).

The Customer Service unit will provide information in French and English languages only.

4.3 EVIDENCE of the order

Clients are advised to keep their Order Confirmation in order to retain a trace of their order.

The Vendor and the Client hereby agree that the information contained in electronic messages sent by e-mail and in the automatic archiving systems used by the Site shall have evidential value between the Parties, for instance regarding the nature and the date of an order. In accordance with the standard rules of law, the Clients may access the electronic contract formed between them and the Vendor. To do so, they should contact the Customer Service unit on 09 74 99 02 12 in France or +33 9 74 99 02 12 from abroad (Monday to Friday, from 10am to 6pm – Paris time), stating all the information needed for the procedure, and in particular their contact details and the order number.

The Customer Service unit will provide information in French and English languages only.

In general, the Vendor recommends that Clients keep a copy of all the e-mails concerning their orders. The Client is hereby informed that e-mails shall be sent to the e-mail address provided by the Client. The Vendor shall not be liable in case of a typing error in the e-mail address provided by the Client resulting in the Order Confirmation e-mail not being received.

Moreover, the Vendor shall keep the information concerning any order worth an equivalent of 120 US dollars or over for a period of 10 years as from the delivery of the Products, said information being made available to the Client immediately upon receipt of a request sent by the latter to [email protected].

ARTICLE 5: RETENTION OF TITLE CLAUSE

The Vendor shall retain ownership of the Product(s) that are ordered until the Client shall have paid the price thereof and all related costs, including the delivery costs, in full.

Conversely, the risks linked to the Products that are delivered (such as the risk of loss, theft or damage) shall be borne by the Client at the time the Client or a third party designated by the Client takes physical possession of the Products.

ARTICLE 6: PAYMENT

6.1. METHOD AND MEANS OF payment

Payment must be made on the Site immediately at the time of placing the order, in US dollars and by one of the methods of payment detailed below. These methods of payment may change at any time on the Site.

Via bank card (Visa, MasterCard, American Express)

Via PayPal: Select Paypal as method of payment when placing your order, accept the T&Cs and click on “Place order”. You will be automatically redirected to your Paypal account to complete your transaction. You will be subject to the Paypal payment conditions available on the service provider website. Once your payment is validated, a confirmation page will be displayed on the Site. In addition, a confirmation by email will be sent to you.

Any other method of payment shall not be accepted.

We will charge your credit or debit card once you submit your order. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Credit or debit card orders shipped to a location other than your billing address may require additional verification.

The Client undertakes to pay using only bank cards that they hold personally and that bear their name (family name and first name).

Should a Client use a bank card tied to an account denominated in a currency other than US dollars, the Client’s bank may charge currency conversion costs and bank costs, which shall have to be borne by the Client in full. Should the Client decide to return the Products, these costs shall not be refunded.

The Client hereby warrants to the Vendor that you hold all the requisite authorisations to use your chosen method of payment at the time of the approval of your order.

The Vendor shall have the right to cancel an order which has not been paid in full and the Client shall be informed of this by e-mail.

6.2 SECURE TRANSACTIONS

6.2.1 The order transaction shall be performed in keeping with all applicable banking security standards. In order to ensure the security of payments by bank card on the Site, the Vendor uses the ADYEN secured payment platform. This service includes the SSL3.O security standard. The confidential data are crypted on the server and are, at no time, transferred to the IT server of the Vendor. The Clients must disclose its bank card number, its expiration date and the security code (CVV) shown on the reverse of its bank card.

The Client’s bank card shall then be debited after checking that their order meets all the terms of these T&Cs, and that the item(s) ordered are available, at the time when they are dispatched.

6.2.2 As part of the ongoing campaign against fraud over the Internet, information concerning a Client’s order may be transmitted to any third party that is duly empowered by law to check the identity of the Client, the validity of the order, the payment method used and the planned delivery.

Pursuant to these checks, the Vendor reserves the right to request a photocopy of the identity card of the Client and/or proof of address, in order to check the identity of the holder of the card used for payment. Clients shall have a right to access, object, amend and delete their personal data that is held by the Vendor. Clients shall also have a right to restriction of the processing and data portability. To learn more about these rights and how to exercise them, please read our [Privacy Policy].

Should the Client not respond to the Vendor’s request for additional information within fifteen (15) days, the suspicious credit card order shall immediately be cancelled, and the bank account that was debited at the time of placing the order shall be refunded as soon as possible.

ARTICLE 7: DELIVERY AND RECEIPT

7.1. DELIVERY TERMS AND costs

The Products that are ordered may only be delivered to the United States and its territories (are excluded: Porto Rico, Virgin Islands, military hubs).

Once the order has been prepared, it shall be dispatched to the postal address provided by the Client upon placing the order.

An e-mail shall be sent to the Client when the order is dispatched. Clients are advised to record this e-mail in order to keep track of their order.

Clients shall then have the possibility to monitor the progress of their delivery on the Site by clicking on the “My account” link at the top of the screen, and keying in the e-mail address and password that they provided at the time of placing the order,. The Product(s) ordered by the Client shall be delivered to the delivery address indicated in the order confirmation e-mail.

Delivery costs and timescales as of the dispatching of the order:

Carriers	Cost	Timescale
DHL Express	9$	3 - 5 working days

* Timescales are indicative only and do not take into account the time needed to process your order.

* Any order placed before 12h may be processed within the following working day (“Working Day”: from Monday to Friday excluding public holidays), depending on the transportation mean selected during the payment.

In case of peak periods, the delay to process the order may be extended.

Given that the orders are delivered by a third party service provider, the Vendor hereby disclaims, to the fullest extent permitted by law, all liability for the non-performance or the improper performance of this obligation if this arises from the Client’s own fault or from the unpredictable or impossible to prevent acts of a third party to the contract or from force majeure.

In any event, and in accordance with the provisions of article L. 216-1 of the French Consumer Code, the order must be delivered within thirty (30) days following the day after that on which the Client placed their order, subject to full payment of the price.

Should the order not have been delivered upon expiry of this timescale, the Client shall have the right to cancel their order in keeping with the terms of article 7.2 below. The moneys paid by the Client shall then be refunded.

7.2 late delivery

The Clients must inform the Vendor about any delay in the delivery of their orders as soon as possible by calling the Customer Service on 09 74 99 02 12 in France or +33 9 74 99 02 12 from abroad (Monday to Friday, from 10am to 6pm Paris time) or by sending an e-mail to [email protected] in order to enable the Vendor to take the requisite steps with the postal or courier services involved.

Should the Vendor fail to deliver the Products within a reasonable period following the Client’s email and at the latest thirty (30) days after the order, the Client may cancel his/her order by calling the Customer Service on 09 74 99 02 12 in France or + 33 9 74 99 02 12 from abroad (Monday to Friday, from 10am to 6pm Paris time) or by sending an e-mail to [email protected].

Once a Client has exercised their cancellation right, the Vendor shall refund the price of the order to the bank card that was used to place the order, as soon as possible and in any event within 14 (fourteen) days following receipt of the Client’s request for cancellation.

The Customer Service unit will provide information in French and English languages only.

7.3 RECEIPT OF THE PRODUCTS

Each delivery shall be deemed to have been performed once the Client or a third party designated by the Client has taken physical possession of the Product(s), with signature of the delivery note.

It is the Client’s responsibility to check that the Products that are delivered comply with the order and are in good condition when they are received.

In case of damaged or missing items, Clients must immediately express their reservations (both quantitative and qualitative) fully and accurately to the carrier, on the carrier’s form. These reservations must also be forwarded to the Customer Service unit of the Vendor by sending an e-mail to [email protected] without undue delay.

Any claim raised in a way that does not comply with the requisite form, shall be rejected.

ARTICLE 8: right to withdraw AND RETURN POLICY

8.1. statutory right to withdraw

In accordance with the provisions of article L. 221-18 of France’s Consumer Code, the Client shall have a cooling off period of fourteen (14) working days as of the date of receiving the goods, during which they may return any Product(s) ordered that are not fully satisfactory.

Notification of withdraw decision

In order to apply its right to withdraw, the Client shall inform the Vendor of its decision with the withdrawal form shown below or an unambiguous declaration informing the Vendor that the Client wants to return the Products, or by sending an e-mail at [email protected].

Return of Products

Products must be returned without delay according to the procedure described in section 8.3 below.

withdrawal form

A consumer wishing to withdraw from the contract should fill in the following form and return it together with the order number by email to [email protected]

I/we (*) hereby notify you about my/our (*) intention to withdraw from the contract covering the sale of the following goods (*) / the provision of the following services (*):

Ordered on (*) / received on (*):

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only in case of notification of this form in hard-copy form):

Date:

(*) Cross out as appropriate.

Subject to compliance with the return procedure described herein, the Vendor undertakes to refund all the moneys paid by the Client.

8.2 cost of returning the PRODUCTs

The costs of returning the Products shall be borne by the Client, save where the Products are returned according to the statutory guarantees. In any case, the order number shall be indicated in the parcel to ensure the good process of the return.

8.3 the returns and refund process

In order to return a Product the Client must follow the following steps.

STEP 1 – Contact Customer Service or login to you Client account

You can contact the Customer Service team on 09 74 99 02 12 in France or + 33 9 74 99 02 12 from abroad (Monday to Friday, from 10am to 6pm Paris time).
You can also make a return request on the Site by connecting to your Client account.

STEP 2 – Return the Product(s)

If you are not entirely satisfied with the your order, you can initiate a return request up to 14 working days after receiving the Products and ask for a refund. The money shall be refunded through the same payment method as the one used for the order. You must return the Products in their original condition within 30 days from receipt of the order.

However, in accordance with article L221-28 of the French Consumer Code, the Client is not entitled to return a Product and ask refund if the Product has been personalised further special order (for instance, a bottle engraved) or if the Product is unsealed by the Client or cannot be returned for hygienic reasons (which is the case of cosmetics products).

The steps to be followed in order to return a Product are the following:

Print your return form available in your client account. This form is mandatory to ensure return processing. No return shall be treated without this document.
Give the parcel to the Post office of your choice. The costs relating to the return of Products shall be borne by the Client.

The Products shall be returned at the following address:

The Other Store chez ADS Normandie Serge Lutens

ADS Normandie ZAC Multisite Long Buisson

2 Rue Roland Garros

27930 GUICHAINVILLE

France

You can also contact our customer service by phone on 09 74 99 02 12 in France or + 33 9 74 99 02 12 from abroad (Monday to Friday, from 10am to 6pm Paris time) or by sending an email to [email protected].

Please ensure that you obtain proof of sending when you return the Products to us. We recommend that you keep your proof of sending to cover for the unlikely event that we do not receive the returned parcel. We cannot accept any liability for Products being returned that are lost in transit.

As soon as we shall have received the Product(s) being returned, we shall check that they are in perfect condition. Should it turn out that the Products returned do not comply with the reimbursement conditions described below, we will be unable to refund the Products and you shall have to organise for the collection and delivery of the Product(s) to your address at your expense within 28 days from our notification.

STEP 3 – Processing of the refund

Moneys will be refunded on the same accounted debited during the order and within fourteen (14) days maximum following our receipt of the returned Products, provided that you shall have returned the Products in their original condition to the address mentioned on the return form within 30 days from receipt of the order. However, the Vendor is entitled to postpone the refund until it has actually received the Products or until the Client provides proof that the Products have been sent, whichever takes place first and provided the abovementioned conditions are complied with. the Vendor shall refund all money to the Client using the same payment method as the one used for the initial transaction. In any case, the Client shall not incur any costs in relation to the refund. You shall receive a notification from our Customer Service team by e-mail informing you about the completion of your refund.

Our returns policy only applies to purchases made online on the Site. We are not able to accept returns of Products bought in a partner store.

ARTICLE 9: STATUTORY WARRANTIES

9.1 Statutory compliance warranty AND HIDDEN DEFECT WARRANTY

For any order placed on the Site, the Client benefits from the statutory compliance warranty (articles L217-3 and subsq. and article L.224-25-12 and subsq. of the Consumer Code) and from the hidden defect warranty (articles 1641 to 1649 of the Civil Code), allowing the Client to return the Products that were delivered as damaged or non-compliant. In case of non-compliance, missing product, damaged product, please contact our customer service by phone on 09 74 99 02 12 in France or + 33 9 74 99 02 12 from abroad (Monday to Friday, from 10am to 6pm Paris time) or send an email to [email protected].

When acting pursuant to the statutory compliance warranty as per articles L217-3 and subsq. and articles L224-25-12 and subsq. of the Consumer Code, a Client:

- has a timescale of two years following the delivery of the goods to take action;

- can choose between repair or replacement of the goods, except if one option has a disproportionate cost for the professional with regard to the value of the goods or the importance of the default, in which case the professional shall opt for the least expensive option;

- is dispensed from having to prove the existence of the compliance defect in the goods during the twenty-four months following the delivery of the goods.

The statutory compliance warranty applies independently from any commercial warranty that may be provided.

When acting pursuant to the warranty against hidden defects in the thing sold as per the articles 1641 to 1649 of the Civil Code, a Client can choose between:

- the rescission of the sale or

- a reduction of the sale price in accordance with article 1644 of the Civil Code.

9.2 Exclusion from the warranties

Products that are modified, repaired or otherwise altered by the Client and Products that are damaged due to improper use shall not be covered by the statutory warranties.

ARTICLE 10: CAPACITY

Any Clients wishing to place an order for Products on the Site hereby declares that they are at least 18 years old or the legal age of majority in their jurisdiction, and have the capacity to be bound by these T&Cs.

ARTICLE 11: PRIVACY

LSPRS’s Privacy Policy, which is available [HERE] on the Site, forms part of these T&Cs. The Privacy Policy describes how the Vendor processes the Client’s personal data it collects on behalf of LSPRS or which the Client provides when placing an order on the Site.

ARTICLE 12: FORCE MAJEURE

Neither Party shall be liable for the non-performance or improper performance of their obligations if this is due to an act of God or to the occurrence of an event constituting force majeure, as defined by case law. Whichever Party is affected by these events must inform the other Party as soon as possible and in any event within five (5) working days following the occurrence of the event in question. The Parties shall consult one another as soon as possible in order to work out what to do about the order throughout the duration of the force majeure.

Should the force majeure last for more than one (1) month, each Party shall be entitled to terminate the agreement by registered letter with acknowledgment of receipt sent to the other Party, and the Vendor will refund any moneys paid by the Client in connection with that order.

ARTICLE 13: SEVERABILITY

Should one or more of the provisions of these T&Cs be considered invalid or be declared as such in application of a law or a regulation, or pursuant to a final ruling by a court or authority that has jurisdiction, the other provisions shall remain fully valid.

ARTICLE 14: LACK OF AN IMPLIED WAIVER

Should one of the Parties fail to demand the application of a clause of these T&Cs, whether temporarily or permanently, this shall not in any way constitute a waiver of the rights granted to that Party by that clause.

ARTICLE 15: HEADINGS

In case of differences of interpretation between any of the titles of the articles and chapters and any of the actual terms of these T&Cs, the titles shall be deemed to be null and void.

ARTICLE 16: MAKING changes to these T&Cs

The Vendor shall be entitled to modify these T&Cs at any point in time. Any new version of these T&Cs shall be announced in advance on the Site. The version that is published online on the Site shall always take precedence over all the other versions of these T&Cs. However, the applicable T&Cs are those accepted by the Client at the time of placing the order.

ARTICLE 17: INTEGRAL NATURE OF THIS AGREEMENT

These T&Cs and the order summary sent to the Client shall form a contractual whole comprising the entire compact between the Parties.

ARTICLE 18: LANGUAGE

These T&Cs of the Site are hereby drawn up in English.

The entire content of the Site is accessible in English.

ARTICLE 19: applicable law – settlement of disputes

These T&Cs and the orders placed by the Clients shall be governed by French law, subject to any mandatory rules of law of the consumer’s place of residence.

Any dispute which may arise related to their validity, interpretation, or execution and which has not been settled amicably by the parties shall be submitted to the Courts of Paris (France).

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