General Terms and Conditions of Sale
I- GENERAL PROVISIONS
Article 1 — Identity of the Website, Seller, and Scope
These General Terms and Conditions of Sale (hereinafter the "GTC") govern sales concluded on the website https://balaxx.com.
The Site is published and operated by Ovado LLC, a company incorporated under the laws of the State of Wyoming (USA), under the trade name BALAXX.
These GTC apply to any order placed on the Site by a consumer, primarily in France and, where applicable, in other European Union Member States where the products are offered for sale.
The Customer acknowledges having read these GTC before placing an order and accepts them without reservation.
The fact that the Seller is established in the United States does not deprive the Customer of the mandatory consumer protection provisions applicable in their country of residence.
Article 2 — Definitions
For the purposes of these General Terms and Conditions of Sale, the terms below have the following meaning:
- Site: refers to the website https://balaxx.com, operated under the trade name BALAXX.
- Seller: refers to Ovado LLC, the company that publishes and operates the Site, responsible for the sale of products offered on the Site.
- Customer: refers to any natural person acting as a consumer who makes a purchase on the Site for non-professional purposes.
- Product: refers to any good offered for sale on the Site.
- Order: refers to any request for the purchase of one or more Products made by the Customer via the Site and validated in accordance with these GTC.
- GTC: refers to these General Terms and Conditions of Sale.
Where the context requires, the terms defined above also apply in the singular or plural.
Article 3 — Purpose of the General Terms and Conditions of Sale
The purpose of these General Terms and Conditions of Sale is to define the conditions under which the Seller offers for sale the Products marketed on the Site, as well as the respective rights and obligations of the Seller and the Customer within the framework of distance sales contracts.
They specify, in particular, the conditions for ordering, payment, delivery, exercising the right of withdrawal, return, refund, as well as the legal guarantees applicable to the Products.
In the event of a contradiction between these GTC and any other information appearing on the Site, these GTC shall prevail, subject to any mandatory legal provisions applicable.
Article 4 — Acceptance of the General Terms and Conditions of Sale
The Customer acknowledges having read these General Terms and Conditions of Sale before any order and declares to accept them without reservation.
The acceptance of these GTC is materialized by the validation of the order on the Site. This validation constitutes full and complete acceptance of the GTC in force on the date of the order.
The Customer declares to have the legal capacity necessary to conclude a sales contract in accordance with the applicable legislation.
The Seller reserves the right to modify these GTC at any time. The applicable GTC are those in force on the date of validation of the order.
II- PRODUCTS AND ORDERS
Article 5 — Products
The Seller endeavors to present the Products on the Site with the greatest possible accuracy, particularly by means of descriptions, photographs, and information relating to their essential characteristics, in accordance with the provisions of the Consumer Code.
Product photographs, illustrations, and visuals are provided for informational purposes only. Although the Seller ensures that they are faithful to the Products offered, slight differences, particularly in color, dimensions, or presentation, may exist without affecting the essential characteristics of the Product.
Products are offered for sale while stocks last. In the event of unavailability of a Product after order validation, the Customer will be informed as soon as possible. The Seller may offer an equivalent Product or proceed, with the Customer's agreement where necessary, to refund the amounts paid according to the payment method used.
The Seller reserves the right to modify the assortment of Products offered on the Site at any time, without this affecting already confirmed orders.
Article 6 — Prices
Product prices are indicated on the Site in euros (€) and are understood to be all taxes included (TTC) when the sale is subject to applicable VAT.
Delivery costs are indicated to the Customer before final order validation and are added to the price of the Products, where applicable.
The Seller reserves the right to modify its prices at any time. However, Products are invoiced on the basis of prices displayed on the Site at the time of order validation.
In the event of a manifest pricing error resulting from a technical, material, or computer error rendering the displayed price manifestly derisory or manifestly excessive compared to the actual value of the Product, the Seller reserves the right to cancel the order after informing the Customer and to proceed with a full refund of any amounts paid.
Promotional offers, discounts, or promotional codes are valid under the conditions and for the duration indicated on the Site. Unless otherwise specified, they are neither cumulative nor refundable in cash.
Article 7 — Orders
The Customer selects the products they wish to purchase and adds them to their cart before following the order validation steps indicated on the Site.
Before confirming their order, the Customer is invited to verify the accuracy of the information relating to the ordered products, quantities, prices, delivery costs, as well as their billing and delivery details. It is their responsibility to correct any errors before final validation of their order.
The order is considered definitive after its validation by the Customer, subject to acceptance of payment and confirmation of the order by the Seller.
A confirmation email summarizing the essential order information is sent to the Customer at the email address provided during the order.
The Seller may refuse or cancel an order only for a legitimate reason, particularly in cases of suspected fraud, non-payment, manifestly inaccurate information provided by the Customer, definitive unavailability of the Product, or when the order cannot be executed under normal conditions. The Customer is informed as soon as possible and, if applicable, the sums paid are fully refunded according to the payment method used.
Any request for modification or cancellation of an order after its validation is subject to the Seller's agreement. If the order is already being prepared or shipped, modification or cancellation may be refused. This provision does not affect the Customer's right of withdrawal under the conditions provided by these GTC and by applicable legislation.
III- PAYMENT
Article 8 — Payment
Payment of the price is due in full at the time of order validation.
The Site accepts the payment methods indicated during the order process. Payments are made through secure and approved payment service providers.
The Customer's banking or payment data is neither collected nor stored by the Seller. It is processed directly by the payment providers in accordance with their own privacy policies and applicable security standards.
Transactions made on the Site are protected by encryption technologies designed to ensure the confidentiality and security of payment information.
The Seller reserves the right to suspend, refuse, or cancel any order in case of refusal of payment authorization, reasonable suspicion of fraud, non-payment, or any other illicit use of a payment method.
The order will only be considered final after payment validation by the payment service provider.
IV- DELIVERY
Article 9 — Delivery
The Seller delivers Products primarily in mainland France and may offer delivery to other European Union Member States. The countries actually served and any delivery restrictions are indicated to the Customer during the order process.
Orders are prepared and dispatched as quickly as possible after payment validation. The delivery time indicated to the Customer for France is generally 3 to 10 working days, unless otherwise specified at the time of ordering.
The times indicated are those applicable at the time of the order. In the event of an exceptional delay, the Customer is informed as soon as possible.
If delivery is not made within the agreed period or, failing that, within the applicable legal period, the Customer may ask the Seller to make the delivery within a reasonable additional period. If delivery does not occur within this additional period, the Customer may terminate the contract under the conditions provided by applicable legislation.
Applicable delivery costs are indicated to the Customer before final order validation.
Where available, a tracking number or link may be provided to the Customer to allow them to track the delivery of their order.
In the event of a damaged product, a product not conforming to the order, or a missing product, the Customer is invited to contact customer service as soon as possible, providing, if possible, useful information and supporting documents. This step does not deprive the Customer of their rights under the legal guarantee of conformity or any other applicable legal guarantee.
In accordance with the rules applicable to sales concluded with a consumer, the risk of loss or damage to the Products is transferred to the Customer when the Customer, or a third party designated by them other than the carrier, takes physical possession of the Products.
V — RIGHT OF WITHDRAWAL
Article 10 — Right of withdrawal
10.1 Principle and period
In accordance with articles L. 221-18 et seq. of the Consumer Code, the consumer Customer has a period of fourteen (14) days to exercise their right of withdrawal, without having to give reasons for their decision and without incurring costs other than those provided for by law.
For contracts concerning the sale of Products, the fourteen (14) day period begins to run from the day on which the Customer, or a third party designated by them other than the carrier, takes physical possession of the Product.
When the order concerns several Products delivered separately, the period runs from the receipt of the last Product.
When the period expires on a Saturday, Sunday, public holiday, or non-working day, it is extended until the next working day, in accordance with the rules applicable to the calculation of deadlines.
10.2 Exercise of the right of withdrawal
The Customer may exercise their right of withdrawal before the expiry of the legal period by informing the Seller of their decision to withdraw.
The withdrawal request can be made:
- using the standard withdrawal form annexed to these GTC;
- by any unequivocal statement clearly expressing the Customer's wish to withdraw;
- or, when the Site offers a dedicated feature for this purpose, directly online using this feature.
The Customer must send their request to the contact details indicated on the Site or in these GTC.
The Customer is invited to keep proof of sending their withdrawal request.
For contracts concluded at a distance using an online interface, the Seller provides the Customer, when this obligation is applicable, with a feature allowing the right of withdrawal to be exercised free of charge online during the legal withdrawal period.
10.3 Return of Products
After communicating their decision to withdraw, the Customer must return the Product to the Seller, or to the person designated by the Seller, without undue delay and, at the latest, within fourteen (14) days from the communication of their decision to withdraw.
The Customer must return the Product to the return address that will be communicated to them by the Seller following their withdrawal request.
The Customer is invited to use a shipping method allowing proof of dispatch and tracking of the return to be kept.
The direct costs of return are borne by the Customer, unless the Seller expressly agrees to bear them or if the law requires them to be borne by the Seller.
The Customer cannot be held responsible for the depreciation of the Product resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product.
However, the Customer's liability may be incurred in the event of depreciation resulting from handling beyond what is necessary to examine the Product, provided that the Customer has been properly informed of their right of withdrawal in accordance with applicable regulations.
10.4 Refund
In the event of valid exercise of the right of withdrawal, the Seller will refund the Customer all sums paid for the order concerned, including standard delivery costs initially paid by the Customer.
However, the Seller is not obliged to refund additional costs resulting from the Customer's express choice of a delivery method more expensive than the standard delivery method offered.
The refund will be made without undue delay and, at the latest, within fourteen (14) days from the date on which the Seller is informed of the Customer's decision to withdraw.
For a sale of Products, the Seller may however defer the refund until recovery of the Product or until the Customer provides proof of dispatch of the Product, the date retained being that of the first of these events.
The refund will be made using the same payment method as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another payment method and provided that this refund does not incur costs for the Customer.
10.5 Exceptions to the right of withdrawal
The right of withdrawal cannot be exercised in the cases of exclusion provided for in Article L. 221-28 of the Consumer Code and by any other applicable legal provision.
Exceptions to the right of withdrawal can only be applied when the legal conditions specific to each exception are actually met.
The mere fact that a Product has been opened or handled is not, in itself, sufficient to automatically deprive the Customer of their right of withdrawal.
The exercise of the right of withdrawal terminates the parties' obligations to perform the contract under the conditions provided by applicable law.
This article applies without prejudice to the rights enjoyed by the Customer under statutory warranties, including the statutory warranty of conformity and the warranty against hidden defects, which remain distinct from the right of withdrawal.
VI- WARRANTIES
Article 11 — Statutory Warranties
11.1 Distinction between the right of withdrawal and statutory warranties
The right of withdrawal and statutory warranties are two distinct mechanisms.
The right of withdrawal allows the consumer Customer to change their mind after the conclusion of a distance sale, without having to justify their decision, under the conditions provided in Article 10 of these GTC.
Statutory warranties apply when a Product has a defect of conformity or a hidden defect under the conditions provided by applicable law.
The exercise of the right of withdrawal does not prevent the Customer from subsequently benefiting from the statutory warranties applicable to the Product.
11.2 Statutory warranty of conformity
In accordance with articles L. 217-3 et seq. of the Consumer Code, the Seller is obliged to deliver a Product that conforms to the contract and is liable for conformity defects existing at the time of delivery of the Product and appearing within the applicable legal period.
For new goods, the Seller is liable for conformity defects that appear within a period of twenty-four (24) months from the delivery of the Product, in accordance with article L. 217-3 of the Consumer Code.
In accordance with article L. 217-7 of the Consumer Code, conformity defects that appear within this period are presumed to exist at the time of delivery of the Product, unless proven otherwise or when this presumption is incompatible with the nature of the good or the defect invoked.
The statutory warranty of conformity may apply notably when the Product:
- does not correspond to the description, type, quantity or qualities provided in the contract;
- is not fit for the purpose usually expected of a good of the same type;
- does not possess the legitimate qualities and characteristics that a consumer can reasonably expect;
- does not correspond to the characteristics announced by the Seller or agreed with the Customer;
- has a conformity defect existing at the time of its delivery.
In case of a conformity defect, the Customer has the rights provided by articles L. 217-8 et seq. of the Consumer Code.
The Customer may request that the Product be brought into conformity by repair or replacement, subject to the conditions and limits provided by law.
The conformity is carried out free of charge for the Customer and within a reasonable period, which cannot, in principle, exceed thirty (30) days from their request, in accordance with article L. 217-10 of the Consumer Code.
The conformity must not cause significant inconvenience to the Customer, particularly considering the nature of the Product and the intended use.
In accordance with article L. 217-12 of the Consumer Code, when repair or replacement is impossible, refused, not carried out under the conditions provided by law, or when the legal conditions are met, the Customer may benefit from a price reduction or termination of the contract, under the conditions provided by the applicable legal provisions.
However, the Customer cannot obtain termination of the contract in cases where the conformity defect is minor, unless the price has not been paid or when the law provides otherwise.
The implementation of the statutory warranty of conformity does not deprive the Customer of the possibility of claiming, when the legal conditions are met, compensation for their damage in accordance with the applicable provisions.
11.3 Statutory warranty against hidden defects
In accordance with articles 1641 et seq. of the Civil Code, the Seller is bound by the warranty against hidden defects of the sold Product that render it unfit for its intended use, or that diminish this use to such an extent that the Customer would not have acquired it, or would have paid a lower price for it, had they known about them.
To benefit from the statutory warranty against hidden defects, the Customer must establish the existence of a defect that is:
- hidden at the time of sale;
- pre-existing or existing at the time of sale;
- rendering the Product unfit for its use or diminishing this use to such an extent that it would not have been purchased, or would have been purchased at a lower price, had the Customer known about it.
In accordance with article 1644 of the Civil Code, the buyer may, when the legal conditions are met, choose between returning the Product and obtaining a refund of its price, or keeping the Product and obtaining a refund of part of the price.
In accordance with article 1648 of the Civil Code, the action resulting from redhibitory defects must be brought within two (2) years from the discovery of the defect.
11.4 Implementation of statutory warranties
The Customer wishing to implement a statutory warranty must contact customer service at the contact details indicated on the Website or in these GTC.
To allow examination of their request, the Customer may be asked to provide useful information, including:
- the order number or reference;
- a precise description of the defect or problem observed;
- photographs or videos, where useful, to confirm the defect;
- any element allowing the date of delivery of the Product and the nature of the problem encountered to be established.
The Seller may ask the Customer to return the Product for examination when such examination is necessary to determine the reality, nature or origin of the alleged defect.
The return conditions and, when the statutory warranty of conformity is applicable, the costs necessary for conformity are covered in accordance with the applicable legal provisions.
After reviewing the request, the Seller informs the Customer of the applicable solution in accordance with the relevant statutory warranty.
Depending on the nature of the defect and the conditions provided by law, the solution may include repair, replacement, price reduction or contract termination with refund.
The Customer cannot be deprived of the rights conferred by statutory warranties. These provisions do not limit or exclude applicable statutory warranties.
Statutory warranties apply independently of any commercial warranty that may be offered separately for certain Products.
VII- LIABILITY
Article 12 — Liability
12.1 Seller's liability
The Seller is responsible for the proper execution of the obligations resulting from the contract concluded with the Customer, under the conditions provided by applicable law.
The Seller's liability can only be incurred in the event of an established breach of an obligation incumbent upon it under the sale, these GTC or applicable law.
The Seller is notably responsible for the conformity of the Products sold and the applicable statutory warranties, under the conditions provided in Article 11 of these GTC.
No provision of these GTC can have the purpose or effect of eliminating or limiting the rights enjoyed by the consumer Customer under the mandatory provisions of applicable law.
12.2 Use of Products
The Customer is obliged to use the Products in accordance with their intended purpose, instructions for use, and any precautions communicated with the Product.
The Seller cannot be held responsible for damages resulting from non-conforming use of the Product, unauthorized modification, incorrect installation when it is the Customer's responsibility, or use contrary to applicable instructions or precautions.
This provision does not preclude the application of statutory warranties when their conditions are met.
12.3 Information presented on the Website
The Seller strives to provide accurate, clear and up-to-date information on the Website regarding the Products, their characteristics and their sales conditions.
However, material errors, omissions or minor differences may exceptionally appear, notably due to digital presentation, display settings or information updates.
These differences cannot have the effect of depriving the Customer of their legal rights, particularly under the statutory warranty of conformity.
The photographs, illustrations and visual elements presented on the Website are intended to present the Products. Where necessary, only the essential characteristics of the Product indicated in the contractual description of the Product are taken into account to assess its conformity with the contract.
12.4 Operation of the Website and access to services
The Seller implements the reasonable means necessary to ensure access to and proper functioning of the Website.
However, the Seller cannot guarantee permanent, continuous and uninterrupted access to the Website, particularly in the event of maintenance, updates, technical difficulties or events beyond its control.
The Seller may temporarily suspend access to the Website when necessary for maintenance, security or update operations.
When reasonably possible, the Seller strives to inform users of scheduled interruptions.
12.5 Communication networks and third-party services
The Seller cannot be held responsible for failures, interruptions or malfunctions attributable to electronic communication networks, Internet access providers, carriers or independent service providers, when these events are beyond its control and do not result from a breach on its part.
This provision does not deprive the Customer of their rights against the Seller when the latter's liability is engaged under its own contractual or legal obligations.
12.6 Exclusion of indirect damages
To the extent permitted by law, the Seller shall not be liable for indirect damages that do not directly result from a breach attributable to it.
This provision does not apply when the law prohibits such a limitation of liability and notably does not preclude the Customer's rights under statutory warranties, product liability for defective products or any other mandatory applicable provision.
12.7 Legal limits
No provision of these GTC may:
- exclude or limit the statutory warranties from which the consumer Customer benefits;
- deprive the Customer of their right to compensation when the Seller's liability is engaged in accordance with the law;
- limit the rights resulting from mandatory provisions applicable to the contract;
- exclude or limit liability that cannot legally be excluded or limited.
If a provision of this article is declared null, unenforceable or non-binding, the other provisions of these GTC remain applicable to the extent permitted by law.
Article 13 — Force majeure
In accordance with article 1218 of the Civil Code, neither Party shall be held liable for a breach of any of its contractual obligations when such breach results from a force majeure event preventing the performance of the obligation concerned.
A force majeure event is considered to be any event beyond the control of the Party invoking it, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, when it prevents the performance of the obligation concerned.
Events such as natural disasters, fires, floods, epidemics or pandemics, wars, acts of terrorism, riots, social movements of exceptional scale, decisions or restrictions by public authorities, major interruptions of communication or energy networks, or any other event meeting the criteria of article 1218 of the Civil Code, may constitute force majeure, when they meet the legal conditions for force majeure.
The above list is indicative. The qualification of force majeure depends on the specific circumstances of each event and the conditions provided by law.
In the event of a temporary impediment resulting from a force majeure event, the performance of the obligation concerned is suspended for the duration of the impediment, unless the resulting delay justifies the termination of the contract in accordance with applicable law.
In the event of a definitive impediment, the contract may be terminated automatically under the conditions provided by law, notably in accordance with article 1218 of the Civil Code.
The Party affected by an event likely to constitute a force majeure event shall inform the other Party as soon as possible, when reasonably possible, indicating the nature of the event and its foreseeable consequences on the performance of its obligations.
The occurrence of a force majeure event does not deprive the consumer Customer of the mandatory rights conferred upon them by applicable law, particularly regarding the right of withdrawal, statutory warranties or protective rules applicable to contracts concluded with consumers.
VIII- INTELLECTUAL PROPERTY
Article 14 — Intellectual Property
All elements composing the Website, including its structure, organization, content, texts, photographs, images, videos, graphics, logos, distinctive signs, visual elements, software, databases and other content, are protected by applicable intellectual property provisions, where these elements are protected by such rights.
Intellectual property rights relating to elements belonging to the Website or to Ovado LLC, or used by the latter with the authorization of the rights holders, remain the property of their respective owners.
The name, distinctive signs, logos, graphic elements and content specific to BALAXX, when protected by intellectual property rights, may not be reproduced, represented, modified, adapted, distributed, exploited or used, in whole or in part, without the prior authorization of the holder of the rights concerned, except in cases authorized by law.
Any reproduction or representation, total or partial, of the Website or any of its protected elements, by any means whatsoever, without the prior authorization of the holder of the rights concerned, may constitute an infringement of applicable intellectual property rights.
The Customer benefits only from a personal, non-exclusive and non-transferable right of access and use of the Website for their strictly personal and non-commercial needs, in compliance with these GTC and applicable law.
No provision of these GTC may be interpreted as granting the Customer any ownership right or right of use over the protected elements of the Site, BALAXX, Ovado LLC, or their partners.
Content, trademarks, logos, photographs, illustrations, or other elements belonging to third parties remain the property of their respective owners and are used in accordance with applicable rights and authorizations.
IX — PERSONAL DATA
Article 15 — Personal data and confidentiality
When using the Site and placing orders, personal data may be collected and processed in accordance with applicable personal data protection regulations, particularly Regulation (EU) 2016/679 of 27 April 2016 ("GDPR") and applicable French law.
Personal data is processed only for specific, explicit, and legitimate purposes, including to:
- enable the creation and management of a customer account, where such an account is offered;
- process and fulfill orders;
- ensure payment and delivery of Products;
- communicate with the Customer regarding their order or any request addressed to customer service;
- manage returns, refunds, and requests related to legal guarantees;
- comply with applicable legal and regulatory obligations;
- ensure the security of the Site and prevent fraud;
- send commercial communications when the applicable legal conditions are met and, when necessary, after obtaining the Customer's consent.
Collected data is limited to what is necessary for the purposes for which it is processed.
Detailed information regarding collected data, purposes and legal bases of processing, recipients or categories of recipients, retention periods, potential data transfers to countries outside the European Economic Area, as well as implemented security measures, are presented in the Privacy Policy accessible on the Site.
In accordance with applicable regulations, the Customer has, subject to the conditions and limits provided by law, rights over their personal data, including:
- a right of access;
- a right to rectification;
- a right to erasure;
- a right to restriction of processing;
- a right to object;
- a right to data portability when legal conditions are met.
The Customer can exercise their rights using the contact details indicated in the Privacy Policy or on the Site. The modalities for exercising rights must be clearly accessible to the data subjects.
The Customer may also lodge a complaint with the competent supervisory authority, particularly the French Data Protection Authority (CNIL) in France, when the applicable conditions are met.
Personal data is protected by appropriate technical and organizational measures designed to ensure a level of security appropriate to the risks of processing.
Detailed information regarding personal data protection is available in the Site's Privacy Policy, which is a separate document from these General Terms and Conditions of Sale.
X- CUSTOMER SERVICE AND DISPUTE RESOLUTION
Article 16 — Customer service and complaints
For any question, request for information, or complaint regarding an order, Product, delivery, return, refund, or the implementation of a legal guarantee, the Customer may contact customer service using the contact details provided on the Site.
The Customer is requested to provide, where necessary for processing their request, useful information allowing identification of their order and understanding the purpose of their request, including their order number, contact details, and a precise description of the problem encountered.
The Seller endeavors to process Customer requests as quickly as possible and to provide an appropriate response in light of the nature of their request and applicable legislation.
Requests relating to the exercise of the right of withdrawal, returns, refunds, and legal guarantees are processed in accordance with the procedures and deadlines provided by these GTC and applicable legal provisions.
The Customer may use the contact details published on the Site for any request addressed to customer service.
Article 17 — Complaints and consumer mediation
In case of difficulty or a complaint relating to an order, a Product, or the performance of the contract, the Customer is invited to first contact the Seller's customer service to seek an amicable solution.
The Customer may address their complaint using the contact details provided on the Site or in these General Terms and Conditions of Sale.
When the applicable legal conditions are met and a consumer mediation procedure is applicable, the consumer Customer may resort free of charge to a competent consumer mediator, under the conditions provided by the applicable provisions of the Consumer Code.
The Seller will provide the Customer, when this obligation applies to them, with the contact details of the competent mediator to whom they belong, in accordance with applicable regulations.
Recourse to mediation is optional for the Customer and does not preclude their right to bring an action before the competent courts under the conditions provided by law.
This clause does not deprive the Customer of the rights granted to them by the mandatory provisions applicable to their situation.
Article 18 — Applicable law and dispute resolution
18.1 Applicable law
These General Terms and Conditions of Sale as well as contracts concluded with the Customer are governed by the law applicable to the contract, subject to the mandatory protective provisions from which the consumer Customer benefits under the law of the country in which they have their habitual residence, when these provisions are applicable.
When the consumer Customer resides in a Member State of the European Union and the Seller's activity is directed towards that State, the possible choice of an applicable law cannot have the effect of depriving the Customer of the protection granted by the mandatory provisions of the law that would have been applicable in the absence of this choice.
The mandatory provisions applicable to the consumer, particularly those relating to consumer protection, the right of withdrawal, legal guarantees, and the professional's liability, remain applicable when provided by law.
18.2 Amicable dispute resolution
In case of a dispute relating to an order or the performance of the contract, the Customer is invited to first contact customer service to seek an amicable solution.
Recourse to an amicable procedure or mediation, when applicable, does not deprive the Customer of their right to access justice.
18.3 Competent jurisdiction
Any dispute is subject to the rules of jurisdictional competence applicable to the Customer and the Seller.
When a consumer Customer benefits from mandatory rules allowing them to bring an action before the courts of their domicile or habitual residence, these rules remain applicable.
The Seller cannot impose on the consumer Customer a clause having the effect of depriving them of the rules of jurisdictional competence granted to them by the applicable mandatory provisions.
When applicable law permits and subject to mandatory consumer protection rules, the competent courts are determined in accordance with the rules of competence applicable to the dispute.
18.4 No waiver of mandatory rights
No provision of this article may be interpreted as a waiver by the Customer of rights and protections that cannot be legally waived.
If a provision of this article is declared null, unenforceable, or inapplicable, the other provisions of these GTC remain applicable to the extent permitted by law.
XI- FINAL PROVISIONS
Article 19 — Modification of the General Terms and Conditions of Sale
The Seller may be required to modify these General Terms and Conditions of Sale to take into account changes in its activity, the Products offered, the features of the Site, legal and regulatory requirements, or any changes necessary for the security and proper functioning of the Site.
Any new version of these GTC is published on the Site and comes into force on the date indicated in the version concerned.
The GTC applicable to an order are those accepted by the Customer at the time of validation of that order.
Subsequent modifications to these GTC do not apply retroactively to orders already concluded, unless the modification is imposed by a mandatory legal or regulatory provision or is otherwise authorized by law.
Any substantial modification of the GTC intended to apply to an ongoing contractual relationship can only take effect under the conditions authorized by law and, where necessary, with the Customer's agreement.
The Seller cannot unilaterally modify the obligations resulting from an already concluded contract in such a way as to deprive the Customer of acquired rights or mandatory protections provided by law.
The current version of these GTC is the one accessible on the Site on the order date, subject to applicable mandatory provisions.
If any provision of these GTC is declared null, illegal, or unenforceable, this invalidity does not affect the validity of the other provisions, to the extent permitted by law.
Article 20 — Final provisions
20.1 Partial nullity
If one or more stipulations of these General Terms and Conditions of Sale are declared null, illegal, unenforceable, or inapplicable by a competent court or authority, this nullity, illegality, unenforceability, or inapplicability does not affect the validity of the other stipulations of these GTC, to the extent permitted by law.
The stipulation concerned will, as far as possible and within the limits authorized by law, be interpreted or replaced in such a way as to respect the initially sought objective.
If such an interpretation or substitution is not possible, the stipulation concerned will be disregarded only to the extent necessary, without affecting the validity of the other provisions of these GTC.
The fact that one of the Parties does not, at a given time, avail itself of a stipulation of these GTC cannot be interpreted as a waiver of the right to avail itself thereof later, unless there is an express and unequivocal waiver.
20.2 Entire agreement
These General Terms and Conditions of Sale, as well as the contractual information communicated to the Customer before the validation of the order and the documents to which they refer, constitute all the contractual provisions applicable to the relationship between the Seller and the Customer concerning the order concerned.
They supersede any previous agreement, exchange, or communication relating to the same subject, insofar as these elements would be incompatible with these GTC.
Any modification or derogation from these GTC concerning a particular order must be established or accepted under the conditions provided by law and cannot have the effect of depriving the consumer Customer of the mandatory rights and protections they benefit from.
In case of contradiction between these GTC and a mandatory legal provision applicable to the consumer Customer, the mandatory legal provision prevails.
20.3 Entry into force and applicable version
These General Terms and Conditions of Sale come into force from the date indicated in the version published on the Site.
They apply to any order placed on the Site from their effective date.
The version of the General Terms and Conditions of Sale applicable to an order is the one that was in force and accepted by the Customer at the time of validation of that order.
Subsequent modifications to these GTC do not apply to orders already concluded, subject to mandatory legal provisions and cases where a modification is legally authorized.
Last updated on: 21/07/2026
Effective date: 21/07/2026