General terms and conditions 
d 'use and sale

Site editor

Website edited by TDLS - Wavy
9 Boulevard de la Madeleine

75001 Paris
France
Phone: + 33 (0)1 86 26 12 12

TDLS is a SAS with a capital of 2310,64 €
Siren : 821 583 713 - APE : 7490B - RCS : 821 583 713 R.C.S. Paris
CNIL declaration N°:

Editorial manager

Victor Lebeau - Managing Director

9 Boulevard de la Madeleine

75001 Paris
France
Phone: + 33 (0)1 86 26 12 12

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The site is hosted by Webflow, Inc.

Webflow, Inc.
398 11th Street, 2nd Floor
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General terms and conditions of sale and services Wavy

Version effective February 25, 2021

These general terms and conditions govern the sales of products and the provision of services by the company TDLS, SAS with a capital of 3,125.69 euros, whose registered office is located at 9, Boulevard de la Madeleine - 75001 Paris, registered with the Paris Trade and Companies Register under number 821583713, (hereinafter referred to as the "Service Provider" or the "Vendor"), to its customers (hereinafter referred to as the "Customer(s)"). These are commonly referred to hereinafter as the "Party(ies)".

Subscription to services or purchase of products, as defined below, implies acceptance of these terms and conditions. The mutual commitments of the Parties consist of these general terms and conditions and any special terms and conditions, whether in terms of price or of any other nature, which form an indissociable whole, referred to as the "Contract".

General

Article 1: Definitions

" Administrator": employee or manager of the Customer, who can access the Application's back office and who is a referent to the Service Provider.

" Application ": the application developed by the Service Provider, which is the owner and which will be customised for the Customer. The term Application includes all elements of the SaaS platform accessible online.

" Contract ": these general terms and conditions, any appendices thereto and any special terms and conditions, whether in terms of price or of any other nature, agreed between the Parties.

" Products ": refers to all movable goods offered for sale by the Provider/Seller.

" Service(s) ": the services offered by the Application and the Website (all functionalities), developed by the Service Provider or for which the Service Provider has taken out a licence.

" Internet Site ": site developed by the Service Provider, which remains the owner and which will be personalised for the Client.

" Store ": shall designate the digital space, website, tab, application, used by the Seller to offer its Products for sale.

" Seller / Provider ": means both TDLS, acting either as a service provider or as a seller of products.

Article 2: Application and amendment

These General Terms and Conditions are applicable to all agreements and conventions concluded between the Parties, unless otherwise and expressly stipulated in them. They exclude the application of any general terms and conditions of purchase of the Customer.

Deviations from the provisions of the General Terms and Conditions are valid if they are expressly agreed in writing.

The Service Provider is entitled to modify the content of these General Terms and Conditions during the performance of the Contract. In such a case, it shall send its Client the new wording chosen, and the latter shall have the right to object to the application of the new General Terms and Conditions by sending a registered letter within two (2) months of receipt of the letter informing it of the change.

The nullity or inapplicability of any of the stipulations of the present contract shall not entail the nullity of the other stipulations, which shall retain their full force and scope. However, the Parties may, by mutual agreement, agree to replace the invalidated stipulation(s).

The clauses relating to the sale of products and those relating to the provision of services will apply distributively to each situation they govern.

Article 3: Access to wavy.co, the Store and the Websites

Internet access

The website wavy.co as well as the Store and the Websites are available online and therefore require an Internet connection for their operation.

The Customer must therefore have access to the Internet, and the necessary equipment to connect to the Internet.

The Customer declares that he is aware of the characteristics and limitations of the Internet described below:

● That data transmissions over the Internet are only relatively reliable from a technical point of view, since they circulate on heterogeneous networks with different characteristics and technical capacities. As a result, no one can guarantee the proper functioning of the Internet;

● That the Service Provider has taken significant measures to secure access to its Website, the Store and the Websites, according to an obligation of means, but that data circulating on the Internet may be subject to misappropriation, and that therefore the communication of passwords, confidential codes, and more generally, any information of a sensitive nature is carried out by the Customer under his sole responsibility.

As a result of the foregoing, and in full knowledge of the characteristics of the Internet, the Client waives the Service Provider's liability, except in the event of non-compliance with its obligation of means, concerning one or more of the facts or events mentioned above.

All costs necessary to connect the Customer to the Internet and to use the Web Site, the Service Provider's site or the Store are at the Customer's sole expense.

The Client acknowledges that it has been sufficiently informed by the Service Provider as to the computer conditions required to access the Services and that the Services requested are in line with its expectations.

Availability of the website wavy.co :

The Service Provider provides the Customer with the website https://www.wavy.co, accessible via the Internet 24 hours a day and 7 days a week, according to an obligation of means and with the exception of maintenance periods. The Service Provider maintains the website in order to correct any technical anomalies.

The Customer informs the Service Provider by e-mail as soon as he becomes aware of a bug affecting the use of the wavy.co website. The Service Provider undertakes to maintain a blocking bug within two (2) working days. The email is taken into account the day it arrives if it arrives between 9am and 6pm.

The Service Provider reserves the right to update and make functional changes to the Website at any time that may make access to the Services temporarily unavailable. The Client will be informed twenty-four (24) hours in advance.

Furthermore, the Service Provider cannot be held liable if the unavailability is caused by third parties (host, User...) and its liability is excluded for an unavailability of less than forty-eight (48) hours.

Article 4: Confidentiality

The Parties mutually agree that this Contract and its consequences, in particular the rates and details of the services offered, are strictly confidential. Consequently, the Parties shall refrain from disclosing it to third parties without the prior express written agreement of the other Party, which shall remain completely free to accept or refuse such disclosure, unless legally required to do so or requested to do so by an administrative or judicial authority.

However, the Customer authorises, without prejudice to the provisions of the previous paragraph, the Service Provider to communicate on any medium and by any means the existence of the Customer's listing under this Agreement.

Article 5: Customer Service

The Service Provider provides the Customer with a telephone support and advice hotline, open from 9:00 am to 7:00 pm from Monday to Friday, and from 9:00 am to 3:00 pm on Saturdays, excluding public holidays and the summer break.

Article 6: Duration of the contract

The duration of the Contract differs depending on whether the Client has subscribed to the Service Provider's Services or has acquired the Products offered by the Service Provider, as specified below. Termination, cancellation, nullity, retraction, lapse, or any sanction affecting a fraction of the Parties' commitments shall not affect the other by operation of law, unless otherwise stipulated.

Article 7: Duty to inform / Cooperation

Duty to inform

The Service Provider draws the Client's attention to the fact that the Service offered is a standard service designed for companies and structures of varying sizes operating in different sectors of activity. It is therefore incumbent on the Client, prior to signing the Agreement, to (i) define its needs precisely, (ii) check that the Service corresponds to the definition of its requirements and (iii) that the Service is sized to a degree that enables it to meet its own professional objectives, which the Service Provider is not aware of. If the Client fails to provide the Service Provider with a detailed written expression of its needs, the Client acknowledges that the Service Provider's commercial proposal shall be deemed to be an expression of its needs.

Cooperation

Prior to signing the Contract, the Client acknowledges having received from the Service Provider all the information required for its consent, it being specified that the duty to provide information does not relate to the estimated value of the service or to the economic assessment of the Contract, any defect on this point shall not constitute a ground for invalidation of the Contract.

In general, each Party undertakes to perform the Contract in good faith, in particular by cooperating with the other Party in the performance of its obligations, for example by providing the other Party with all documents, information and details necessary or requested to enable the Service Provider/Seller to provide the Service under the conditions provided for in the Contract.

Each Party undertakes to designate a main contact person responsible for ensuring operational monitoring of the execution of the Contract with the other Party. This interlocutor must have the necessary experience, competence, authority and means to carry out his mission.

It is specified that for the proper execution of these terms and conditions, the Customer undertakes to notify the Service Provider/Seller as soon as possible of any change in his correspondence address (e-mail or post office box).

The application Wavy

The following sections apply to the provision of cash register software services and related services through the Application offered by TDLS, hereinafter referred to as the "Provider".

Article 8: Access to the application

Customer information

The Application is available online and therefore requires an Internet connection for its operation. The Customer undertakes to have Internet access and the necessary equipment to connect to the Internet.

The Customer declares that he is aware of the characteristics and limitations of the Internet described below:

● That data transmissions over the Internet are only relatively reliable from a technical point of view, since they circulate on heterogeneous networks with different characteristics and technical capacities. As a result, no one can guarantee the proper functioning of the Internet;

● That the Service Provider has taken significant measures to secure access to the Application according to an obligation of means, but that data circulating on the Internet may be subject to misappropriation, and that therefore the communication of passwords, confidential codes, and more generally, any information of a sensitive nature is made by the Customer at its own risk;

● That it is up to the Customer to take all appropriate measures to protect his own data and/or software stored on its servers from contamination by viruses as well as from attempts to intrude into his computer system by third parties via the access service.

As a result of the foregoing, and in full knowledge of the characteristics of the Internet, the Client waives the Service Provider's liability, except in the event of non-compliance with its obligation of means, concerning one or more of the facts or events mentioned above.

All costs necessary to connect the Customer to the Internet and to use the Application shall be borne entirely by the Customer.

The Client acknowledges that it has been sufficiently informed by the Service Provider as to the computer conditions required to access the Services and that the Services requested are in line with its expectations.

Customer training

The Service Provider shall provide the Customer with a one (1) hour long distance training course.

Beyond this training offered, any request for additional training may be subject to an estimate.

Administrator account

The Customer accesses the back-end of the Application from any computer using the identifiers (login, password) provided by the Service Provider, the Customer being able to modify these identifiers himself. This administrator space allows access to the administration and management parameters of the Application, giving the Customer the possibility, in particular, to modify the Customer's information under the terms of this Agreement.

The Client appoints an Administrator who will act as the interface between the Service Provider and the Client and will be the Service Provider's privileged contact. This Administrator must be an employee or officer of the Client.

The credentials created for administrator access are personal and confidential. The Customer undertakes to make every effort to keep his identifiers secret and not to disclose them in any form whatsoever. Only the Customer's employees may have the codes and the Customer is responsible for any use of the Application based on its identifiers. As personal data is accessible via the Application, the Customer undertakes to protect access to it and to limit the authorisations for use within its company.

The Customer is entirely responsible for the use of these identifiers. The Customer shall ensure that no other person not authorized by the Service Provider has access to the administrator account of the Application. In the event that the Customer becomes aware that another person is accessing this account, the Customer shall inform the Service Provider without delay.

In the event of theft or loss of identifiers, the Customer shall inform the Service Provider without delay.

The Customer is informed that the use of the Chrome browser developed by the company GOOGLE LLC is recommended for access to the back-end.

The Customer shall ensure compliance with the Contract and the General Terms and Conditions for all persons to whom it authorises access to the back-end.

Article 9: Availability of the Application

The Service Provider makes the Application available to the Customer, accessible via the Internet 24/7, according to an obligation of means and with the exception of maintenance periods.

The Service Provider shall ensure maintenance of the Application in order to correct any technical anomalies in the Application that are not caused by use of the Application that does not comply with these Terms and Conditions. Maintenance only concerns blocking bugs, i.e. bugs that prevent access to the Application or prevent any use of the Services. The Customer is informed that non-blocking bugs will not necessarily be corrected.

The Customer shall inform the Service Provider by e-mail as soon as he becomes aware of the bug. The Service Provider undertakes to perform maintenance on a blocking bug within two (2) working days. The email is taken into account on the day it arrives if it arrives between 9am and 6pm.

The Client undertakes to provide precise and detailed information on the bug encountered and its circumstances and shall not hold the Service Provider responsible for a lack of promptness in the event of partial information or to request the termination of the Contract on this sole basis.

The Service Provider reserves the right to update and make functional changes to the Application and the Website at any time that may make access to the Services temporarily unavailable. The Client will be informed twenty-four (24) hours in advance via its administrator account.

The Customer is also warned of technical hazards and access interruptions that may occur for all online services. Consequently, the Service Provider shall not be held liable for any unavailability or slowdown of the Services caused by the Internet network or by defective hardware or software on the Client's premises.

Furthermore, the Service Provider cannot be held liable if the unavailability is caused by third parties (host, User...) and its liability is excluded for an unavailability of less than forty-eight (48) hours.

The Service Provider undertakes to set up regular controls to provide reasonable assurance to the Customer that it will be able to access and use the Application under the conditions set forth herein.

Article 10: Duration of the Contract

The Parties' commitments under the Application take effect from the date of signature, whether physical or electronic, of a subscription warrant, special conditions, tariffs or any contract or agreement between the Parties.

The duration of the Contract is described in the subscription warrant or on any other medium signed by the Parties, and begins on the date the chosen offer is put into service.

The Contract shall be tacitly renewable for a period equivalent to its initial term, unless terminated by registered letter with acknowledgement of receipt sent no later than one (1) month before the end of the renewal date for the second year, two (2) months for the third year, three (3) months from the fourth year. Beyond the fourth year, the period of three (3) months is maintained and does not increase.

The Contract is renewed in the same way, including payment terms, but excluding rebates, promotional offers or price reductions granted for a defined period of time.

The cessation of activity, transfer of the Client's business, safeguard proceedings, receivership, liquidation, amicable or judicial, shall not entail the termination of the Contract.

Any early termination in relation to the contractual term will result, at the Customer's discretion, in : (i) the invoicing in cash, in the form of an early termination indemnity, of all the sums due until the contractual term or (ii) if the Customer retains its legal existence, the continuation of the payment schedule provided for until the contractual term.

Article 11: Tariff conditions

The rates and terms and conditions of the Service are detailed in the "Tariff Conditions" appearing on the subscription warrant, or on any other document agreed between the Parties. The terms of payment for the Service Provider's services initially agreed upon (monthly, half-yearly, annual payments, etc.) shall remain unchanged when the Contract is renewed, unless otherwise agreed by the Parties.

SMS campaigns and SMS messages attached to the online booking module (in particular the confirmation, appointment reminder and double authentication SMS messages) are invoiced in addition to the flat-rate subscription offered, in accordance with the tariff set out in the Tariff Conditions or in any contractual document signed between the Parties.

The Customer is informed that, unlike other SMS messages that can be converted to email, the SMS of dual authentication ("Two-Factor-Authentication") is mandatory and cannot be converted in the same way.

In the event of a price change, the new price will be sent to the Customer at the latest one (1) month before the effective date of the new rates. This notification will be made by e-mail and/or via the Application or the Website. The Customer will have the option to object to the new rates by sending a registered letter or an email to the Service Provider, sent before the new rates take effect. In the absence of opposition, or in the event of use of the Application or the Website after the new rates come into force, the latter shall be deemed to have been accepted by the Customer.

Any specific request not contained in the Contract will be subject to a separate quotation and invoicing, in particular any request for additional development.

Any price reduction, promotional offer or discount granted for a defined period of time shall not continue after the expiry of the agreed period, even in the event of renewal of the Contract.

Invoices are payable within thirty (30) days of the date of issue by cheque, credit card, bank transfer or direct debit.

Without prejudice to possible damages, the Customer's failure to pay a fee when due shall automatically result in :

● the application of interest for late payment equal to three times the legal interest rate, without prior notice and from the first day of delay plus bank charges and additional management costs;

● the immediate suspension of the Services and access to the Application and the Website, after prior formal notice sent by registered letter with acknowledgement of receipt or by electronic means, which has remained unsuccessful at the end of a period of fifteen (15) working days from its sending if the formal notice is sent by electronic mail or from its receipt if it is sent by post;

● a lump-sum compensation for collection costs, amounting to 40 euros excluding taxes per invoice, will be due by the Customer, by right and without prior notification, in the event of late payment.

The Service Provider is also entitled to offset any unpaid invoices on the due date by debiting the Customer's transparent payment account, if the Customer has subscribed to this service.

Upselling

Subscription to the services of the Application entails by default - unless otherwise agreed between the Parties - the payment of a subscription at the following rates: 29 euros per month for use of the Application with a single account; 49 euros for 2 to 4 accounts; 69 euros for 5 to 8 accounts; 89 euros for 9 or more accounts. Consequently, if, during the term of the Contract, the Customer were to add one or more accounts to the Application, the price of the monthly subscription would be modified in accordance with the above-mentioned price scale. The Customer would then be notified of the price change via the Application.
The Parties may depart from these price provisions by any agreement, subject to the increase in this price at the renewal of the contract.

Article 12: Description of Services

The Services of the Agreement refer to the provision by the Service Provider to the Customer of the Application accessible in SaaS mode and the Services related thereto, as well as the implementation by the Service Provider of a Customer's own Website accessible through a browser.

The Service Provider grants to the Client who accepts, under the strict conditions of this Agreement, a right of access and use of the Application and the Application Services chosen by the Client hereunder for the duration of the Agreement.

The purpose of this Agreement is also to customize the Application using the elements transmitted by the Customer.

The Client may not transfer all or part of the rights and obligations relating to the Application without the prior written consent of the Service Provider. The Service Provider shall in no event be liable for the consequences of the Client's failure to notify the Service Provider of such information.

The Customer has had the opportunity to familiarise itself with the Service Provider's Application and Websites before signing the Agreement and acknowledges that they correspond to its needs.

Depending on the options subscribed to by the Customer, the Application and Services accessible in SaaS mode may provide access to:

● A cash register software to generate invoices and to calculate disbursements and receipts ;

● The management of the customer files of the Customer ;

● The programming of the sending of SMS so that the Customer can remind his customers of a reservation for example or any other information ;

● The management of the Customer's stocks ;

● A transparent payment module ;

● Planning management ;

● An order module for the Products, governed by articles 20 and following of the General Terms and Conditions.

The Marketing Offer Wavy proposes to the Customer, according to the services chosen at the time of subscription :

● A personalized website ;

● The management of the Facebook page which aims to achieve a personalized publication per week for the Customer's Facebook page;

● An online booking module ;

● Programming the sending of SMS. This Service allows you to send grouped SMS messages and to select the customers or customer category to which an SMS will be sent.

● An Internet referencing system.

The Service Provider may offer other Services, as defined in the following stipulations or in the contractual document signed between the Parties.

Article 13: SMS sending service

Compliance with applicable regulations :

The Customer undertakes to comply with the applicable regulations concerning the sending of promotional sms depending on the location of the final recipient. In particular and without being exclusive for France: article L34-5 of the Postal and Electronic Communications Code and article L121-34-1-1 of the Consumer Code; for Belgium: the law of 11 March 2003 on information society services and for Switzerland: article 3 let. o of the LCD.

Responsibilities and Guarantees of the Provider :

Wavy guarantees the Customer the proper execution of the "sending SMS" service in compliance with these general conditions of use, except in cases of force majeure.

The compensation that the Service Provider may owe the Client, due to the commitment of its responsibility or its partners, for the execution of the present contract may not exceed the price paid by the Client in return for the Service giving rise to the said responsibility.

The Service Provider does not systematically check the content of the SMS messages sent by the Customer to its final recipients, nor the final list of final recipients. The content of the SMS messages and the list of final recipients remain the Client's responsibility. Under no circumstances can the Service Provider be held liable for any loss or damage resulting from the sending of SMS messages by the Customer himself in any capacity whatsoever.

In addition, the Service Provider does not guarantee the Customer the economic, information or image benefits expected by the Customer as a result of sending SMS messages as part of the "sending SMS" service.

Responsibilities and Warranties of the Client :

The Customer is solely responsible for the content of the SMS messages sent to his list of final recipients in the context of the execution of the "sending SMS" service.

The Customer may be held liable for failure to comply with these General Terms and Conditions, the General Data Protection Regulations (RGPD) or any other legal or regulatory provision or resulting from an applicable international convention.

The Customer indemnifies the Service Provider against any prejudice, claim and recourse from third parties resulting from a breach by the Customer of these Terms and Conditions of Use, the General Data Protection Regulations (GDPR) or any other legal, regulatory or international convention provision.

 

Article 14: Transparent Payment

Transparent payment allows the Customer to have an online booking and payment service for his own end customers.

Operation 

The use of the transparent payment service implies for the Customer the creation and maintenance of an account with the third party payment service provider designated by the Service Provider. The Customer undertakes to comply with the payment service provider's operating rules and to pay the corresponding account opening fees.


The Client will communicate to the Service Provider, according to the terms and conditions set by the latter, the list of services and products offered to its end customers and the part of the sums remaining to be paid by the Client in the event that the end customer does not show up for the appointment despite having made a reservation.


The Client shall define the time slots and days of availability and undertakes to provide any service at the times open to the reservation of its end customers. He is solely responsible to his end customers for his failures in this respect.


The Customer then undertakes to provide the services and supply the products chosen by the end customer.
The Customer undertakes to invoice the end customer for the products and services at the amount announced.


The end customer's payment will be collected using the payment details provided by the end customer or by any other payment method proposed by the Customer. Regardless of the payment method used, all of the charges below will apply.
End customer payments will be received on the Customer's account with the third party payment provider.

Rates and fees

For each payment received on this account, the service provider will charge a fee of 1.4% of the amount of the transaction (2.9% if an AMEX bank card or a card issued by an institution outside the European Economic Area is used) plus a fee of 0.25 cents per payment.
The sums stored in the account opened with the payment service provider will be transferred to the Customer on a weekly basis, which will incur charges of 10 cents and 0.2% of the sum thus transferred.
These conditions are subject to change by the third party payment service provider and will be directly applicable to the Customer. The Service Provider shall not be liable for any changes in the fees or charges of the third party payment provider and the Customer agrees to comply with them.

Article 15: Intellectual Property

The Service Provider grants the Customer a personal, non-exclusive, non-assignable and non-transferable right to use the Services for the duration of the Agreement.

This Agreement does not confer any ownership rights in the Application or the Website. The temporary provision of the Services cannot be analysed as the transfer of any intellectual property right to the Customer. Subscription to the Service Provider's Services does not entail any right to the source code of the Application.

The Customer undertakes to use the Application and the Website only in accordance with its needs. This license is granted for the sole and exclusive purpose of allowing the Customer to use the Services in the context of its professional activity to the exclusion of any other purpose in accordance with their intended purpose.

The Customer strictly forbids any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation without this list being restrictive. In general, the Customer shall refrain from intervening or having a third party intervene on the Application or the Website. Maintenance is provided by the Service Provider only.

Furthermore, the Customer is prohibited from reproducing or copying any element of the Application or any documentation concerning it, by any means, in any form and on any medium whatsoever.

Data created by the Application and/or integrated into the Application

The Customer remains the sole owner of the data that it inserts itself into the Application or that is created with its customers' data.

The Customer undertakes to enter only legal data, which are not contrary to public order and morality.

The Client guarantees the Service Provider against any founded recourse against the use of this data (counterfeiting, unfair competition, violation of third party rights, etc.) and will bear the costs relating to the Service Provider's right of defence as well as those arising from any conviction.

The Customer expressly authorises the Service Provider to host said data on the server freely chosen by the Service Provider.

During the term of the contract, the Service Provider may freely decide to host the data on another server (technical improvements or due to lack of space) while maintaining the same conditions related to data security. He will inform the Customer without delay.

All financial, economic and management data, generated via the Application and associated services (stock fluctuations, number of appointments, turnover, etc.) and which do not constitute personal data, are freely usable, in particular for statistical purposes, by the Service Provider.

Content provided by the Provider 

When providing its services, the Service Provider may use textual, audiovisual or any other type of content, in particular for the Customer's websites and social networks. This content remains the exclusive property of the Service Provider and is not transferred to the Client, unless otherwise expressly agreed in writing. No intellectual property rights may be claimed by the Client.

 

Article 16: Liability of the Service Provider

The Service Provider undertakes by an obligation of means to ensure that the Application and the Website are accessible under the conditions defined by this Contract and undertakes to remedy any failure incumbent upon it within forty-eight (48) hours.

If one of the two is unavailable for more than three (3) hours in a day (working day and working hours between 8:30 a.m. and 8:00 p.m.) for an unforeseen reason that is not due to a cause of force majeure, due to a third party, or due to a fault of the Customer, the subscription will be extended for twenty-four (24) hours without additional charge.

As a subcontractor of the Client for the processing of personal data, the Service Provider undertakes to secure the data by a best-efforts obligation.

The Service Provider cannot be held liable for invoices generated by the POS software. It is the Customer's responsibility to check each of the transactions recorded and invoices before transmitting them to its own customers.

In any event, under no circumstances shall the Service Provider be liable for any indirect and/or unforeseeable loss or damage of the Client or third parties, including, in particular, any lost profits, inaccuracy or corruption of files or data, commercial prejudice, loss of turnover or profit, loss of customers or loss of opportunity related in any way and on any basis whatsoever to this Agreement.

The Service Provider shall not be liable in the event of failure of third parties, in particular any failure of the Internet network. The Service Provider shall not be liable for any delay or non-performance of this Agreement or for any other damage caused by force majeure, an act of the Customer or a third party.

Should the Service Provider be held liable, the amount of compensation requested by the Client may not exceed the total amount invoiced by the Service Provider to the Client over the last twelve (12) months.

 

Article 17: Customer's liability

The Customer is solely responsible for the consequences of the use of the Application and the Website. The Customer undertakes to use the Application and the Website within the limits defined by this Agreement. In particular, the Customer is solely responsible for the transactions recorded on the cash register software and the invoices generated by this software.

The Customer is responsible for the processing of its Customers' data and undertakes to respect the provisions in force as well as the articles of the General Terms and Conditions on this subject.

The Customer is solely responsible for sending SMS messages and for complying with the law applicable to communication by SMS and in particular Article L.34-5 of the French Postal and Digital Communications Code.

The Customer is responsible for backing up his data on his private computer system. The Customer also undertakes to respect and apply all the security measures recommended by the Service Provider, in particular to avoid data or software contamination by viruses.

Article 18: Termination

Termination without fault 

The Contract may be terminated without fault by sending a registered letter with acknowledgement of receipt, at its expiry date, in accordance with the notice period provided for.

Early termination 

The duration agreed between the Parties shall be binding and the conditions and rates granted by the Service Provider shall be in consideration of this duration. Consequently, any early termination of the Contract shall give rise to a single invoice, in the form of an early termination indemnity, for all sums due up to the contractual term initially agreed.

Termination for misconduct 

In the event of failure by one of the Parties to comply with its contractual obligations, the Contract may be terminated by sending a registered notification, addressed to the registered office of the other Party, thirty (30) working days after the sending of a formal notice sent by registered mail with acknowledgement of receipt or e-mail, which has remained without effect. Termination shall take effect on the day of receipt or first presentation of the notice of termination. In order to be effective, the formal notice must indicate the defect(s) on which the cancellation request is based.

Article 19: End of the contract

Once the Agreement is terminated, the Customer will no longer be able to access the Application and Website Services.

At the latest within thirty (30) days of the effective date of termination of the Agreement, the Service Provider undertakes to return to the Customer, free of charge, all of the Customer's data stored in the Application, without keeping a copy of any kind. The data shall be returned in a standard market format (.xls, .csv, etc.) that does not require the use of the Application in order to be used. No other service will be provided in terms of reversibility, as the Service Provider is not required to ensure any continuity of the service provided.

Sale of Products

The following sections apply to the sale of property by the TDLS Corporation, herein referred to as the "Seller".

Article 20: Products sold

The prior information relating to the Products offered for sale on the Store or the Application by the Seller is provided in a descriptive sheet summarizing in particular its essential characteristics, its price excluding taxes, its availability and the terms of its delivery.

The information given on the product data sheets (titles, short descriptions, long descriptions of products, etc.) indicates that the products are suitable for the brands, series and models of equipment or materials indicated.

The photographs, texts, graphics and other elements illustrating the Products offered by the Seller on the Store or the Application are given for information purposes only and are subject to change without notice.

The regulatory information appearing on the descriptive sheets of the hairdressing sector products are issued by the manufacturer or producer of the Products and in no case established by the Seller. However, the Seller informs Customers that only the label of a product contains all the regulatory information and therefore has legal value, and that under no circumstances can the information provided by the Seller be sufficient for the use of the Product.

The Products are intended for the European Union market. It is up to the Customer who is considering exporting them outside the European Union to ensure that the Product concerned is compatible with the legislation of the country of destination. The Seller therefore declines all liability in the event of the export of non-compatible Products, which the Customer expressly accepts by placing the order.

Article 21: Orders

Creating a Customer Account

The Customer must create a customer account on the Store or the Application and fill in the requested information before any purchase. Their accuracy and any damages resulting from their failure are the responsibility of the Customer.

The Customer's identifiers and passwords are strictly personal, any order made from a Customer's account is deemed to have been made by the Customer who will be obliged to do so. The Customer must inform the Seller of any loss of this information without delay and the Seller will provide the Customer with new identifiers and passwords. The Seller declines all responsibility in the event of loss or misuse of this information.

At the latest on the day of his first order, the Professional Customer must have communicated to the Seller his SIRET number as well as a professional e-mail address dedicated to the exercise of their activity.

Product Selection

The selected Products are listed in a basket. To finalize the selection of Products and proceed to the next step, the Customer must click on the "order" button. This step validates the Customer's basket.

The summary of the order allows the Customer to check the details of his order (the Products ordered, the total price of the order, the Customer's billing and delivery addresses, the delivery period of the order) and, thus, to correct any errors before confirming the said order to express his acceptance.

The prices appearing on the Store are expressed in euros and exclusive of taxes, unless otherwise specified, excluding delivery costs, the latter being calculated according to the option chosen and displayed at the time of order confirmation. Any order placed outside the French territory may be subject to any applicable taxes, fees and duties, which will be fully borne by the Customer.

The Seller informs its Customers that in the event of the display of an erroneous or derisory price, for whatever reason (including, but not limited to, a computer bug, a manual error or a technical error), the order - even if validated - will be cancelled without compensation, and the Customer will be informed as soon as possible.

Delivery outside of France

Orders to be delivered outside of French territory will be fulfilled under the sole responsibility of the Customer who undertakes to complete all legal, administrative and fiscal procedures necessary for proper delivery. No cancellation of order will be admissible and no refund of sums paid will be possible in case of default of the Customer to the present obligations.

Article 22: Payment

This article applies to purchases of products from the Seller.

Terms of payment

After validation, the Customer will be redirected to a secure page for payment of his order to the third party payment designated by the Seller. All payments must be made in euros.

The Customer shall choose his method of payment from among those offered by the Seller: SEPA transfer or bank card, subject to the following restrictions.

The Seller reserves the right to refuse any payment by SEPA transfer and to impose payment by bank card on the Customer who has subscribed to its Services and in respect of which it has an outstanding payment arrears.

A deposit of 100 euros including tax for any order over 500 euros excluding tax will be automatically deducted within forty-eight (48) hours following the validation of the order. After this period has elapsed, in the absence of payment of the deposit, the order will be automatically cancelled.

The contract of sale will be validly formed only after validation and full payment of the order. A confirmation will be sent by email to the email address provided by the Customer.

The sums paid cannot constitute a deposit. The Vendor may cancel any order, without prior formal notice, if the correct payment has not been made within fifteen (15) days after the validation of the order.

Payment in several installments

The Seller reserves the right to refuse any payment in several installments to the Customer who has subscribed to its Services and in respect of which it is in arrears, or if the Customer is the subject of any safeguard measure, receivership or liquidation, whether amicable or judicial, or any other similar measure under any law other than French law.

Orders for an amount of one hundred and fifty (150) euros or more excluding taxes may be paid by SEPA Credit Transfers in two (2) instalments, and orders for an amount of three hundred (300) euros or more may be paid by SEPA Credit Transfers in three (3) instalments, without additional charges, subject to the following cumulative reservations : (i) the Customer is bound to the Seller by a subscription to the Services defined above and is not in arrears in payment in this respect, (ii) the order is for an amount of less than ten thousand (10,000) euros excluding taxes, (iii) the place of delivery of the order is located in metropolitan France.

Article 23: Delivery - Transport - Reception

The delivery period shall be understood to start from the validation of the order, unless otherwise agreed by the Parties and unless the Customer is in arrears with payment to the Seller under these General Terms and Conditions or any other agreement concluded with the Seller, in particular with regard to the services offered by the Seller. In such a situation, delivery will only be assured once the Customer has settled its arrears in full.

Delivery is made to the address provided by the Customer, according to the means of delivery chosen by the Customer at the time of the order.

The Customer may receive a single order in several shipments.

Delivery times are indicative and do not constitute a firm commitment. Exceeding them can neither engage the responsibility of the Seller, nor give rise to the payment of damages. Preparation times may be extended due to the fault of a third party, unforeseen or exceptional circumstances, or if the Customer does not provide timely assistance.

However, if one month after the fixed delivery date, except in cases of force majeure or interruption of supply of the Products to third parties, the Products have not been delivered, the sale may then be cancelled at the Customer's request by registered letter with acknowledgement of receipt, and any deposits or payments made will be returned, to the exclusion of any other indemnity or damages.

The transfer of risks takes place on the day of physical possession of the order by the Customer or by any third party, agent or carrier designated by him.

The Customer undertakes to receive the Products in accordance with the information given at the time of placing the order (notably concerning the delivery address of the order) and to comply with the delivery period indicated on the Sales Order summary.

In the event that the Customer is unable to ensure receipt of all or part of the order, for any reason whatsoever, the Seller undertakes to ensure a new delivery of the Products concerned, at the Customer's expense and invoiced in addition.

Upon receipt, the Customer undertakes to immediately check the contents of the package and its good condition and to refuse any Products that are damaged, non-compliant or in poor condition. Any reservations will be made within 48 hours of receipt, by email or registered mail. After this period, any reservation will remain inadmissible. It will be up to the Customer to provide any justification as to the designation of the apparent defects or anomalies noted. The Customer shall give the Seller every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. It shall refrain from intervening itself or having a third party intervene for this purpose.

Article 24: Returns

In addition to the cases expressly provided for in the General Conditions, Products delivered that do not conform, revealing an anomaly or hidden defect, may be returned to the Seller.

The Customer must inform the Seller by mail or e-mail to the address "store@wavy.co" within seven (7) days from receipt of the products.

The terms and conditions of return are communicated to the Customer at the time of placing the order or upon receipt of the Products.

Upon receipt of the returned Product, the partner company will check its conformity and the reason for the return. In the event of a justified return, the Customer shall choose (i) the replacement of the Products, without re-invoicing the delivery costs, (ii) the granting of a credit note for the amount of the returned Products, which may be used on the Store or the App, (iii) a refund as soon as possible and within thirty (30) days at the most following receipt of the return of the Products.

If the Products are returned without reason, they will remain available in the Seller's warehouses and may be returned to the Customer at the Customer's request and expense.

Furthermore, the Seller reserves the right to invoice the costs related to the processing of the return of any Product (in particular transport, reception, examination of the product) and to any actions taken (in particular legal actions) for which the non-conformity is not proven or is attributable to the Customer and in particular to abnormal use of the Product in question.

Article 25: Unavailability of Products

In the event of unavailability of the Products, the Seller shall inform the Customer as soon as possible. It will then do its utmost to find Products of similar quality at no extra charge, within the limits of what is possible and available on the markets. At the Customer's request, the Seller shall reimburse the amount of the unavailable items as soon as possible and within a maximum of five (5) working days from the Customer's request.

Article 26: Guarantees

Before any commercial or public use, the Customer undertakes to test the Products received.

Within the limits of the legal guarantees provided by the Law, the guarantee is limited to the replacement or repair of the defective Products, to the exclusion of the repair of any other prejudice and in particular associated with the use of its Products in the salon on its clientele.

Excluded from any guarantee is the reimbursement of all other travel expenses, labour, damage resulting from delay or loss of profit or any other indirect damage, whether material or immaterial.

The guarantee also does not apply to apparent defects which must be treated on receipt in accordance with the above conditions.

All warranties are excluded for incidents arising from acts of God, force majeure, or the actions of a third party, as well as for defects and deterioration caused by natural wear and tear or an incident resulting in particular from negligence on the part of the Customer, a lack of supervision or maintenance, faulty use of the Products or by a modification not foreseen or specified by the Seller, or an attempt at repair not approved by the Seller.

Furthermore, the Seller provides no guarantee as to the suitability of the Products for the specific needs of the Customer or its own end customers and for the purposes or use assigned to them by the Customer or its own customers.

The Customer is informed that he may order Products whose labelling is not entirely written in French and consents thereto. When it is impossible to include the required indications in French on the labelling of the Products, these indications shall be available on a leaflet, label or card, communicated by the Seller at the Customer's request. The Seller undertakes to provide a translation or to answer the Customer's questions at the Customer's request at the address "store@wavy.co".

In any event, the Seller is not the "Responsible Person" within the meaning of Article 4 of Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products.

Article 27: Retention of Title Clause

It is expressly agreed that ownership of the Products will only be transferred to the Customer after full payment of the price in principal and accessories.

The Seller reserves the right to take back the Products delivered, in whatever hands they may be, without losing any of its rights and interests, when payment for the products has not been made within the agreed time limits or by operation of law in the event of the opening of receivership or bankruptcy proceedings against the customer.

As long as the products have not been fully paid for, the Customer undertakes to keep them in such a way that they can be identified as the property of the Seller. In this respect, in the event of resale, the Customer undertakes in advance to inform the third party purchaser, at the conclusion of the resale, of the present retention of title clause affecting the products that it proposes to sell, and of the Seller's reserved right to claim in its hands either the Products delivered under retention of title or their price. In the event of attachment or any other intervention by a third party on the products, the customer must imperatively inform the Seller without delay in order to enable him to oppose it and preserve his rights.

Furthermore, the Customer shall refrain from pledging or assigning ownership of the Products as a security.

In the event of processing or modification of the Products subject to retention of title with other products, the customer undertakes to pay the Seller immediately the balance of the price remaining due, unless, with the Seller's express agreement, the customer assigns to the Seller ownership of the goods resulting from the processing as security for the Seller's original claim.

Until full payment is made, the Customer must take all necessary care in the custody and preservation of the Products and take out all insurance to cover any damage or loss that may be caused to the Products by them.

Article 28: Responsibilities

The liability of the Seller is limited to only direct damages resulting from a proven defect in the Product or from the breach of the Contract, even if the defect in question was foreseeable at the time of the order and shall in any event not exceed the amount paid for the purchase of the Products concerned.

In any event, under no circumstances shall the Seller be liable for any indirect and/or unforeseeable loss or damage of the Customer or third parties, including in particular any lost profits, inaccuracy or corruption of files or data, commercial prejudice, loss of turnover or profit, loss of clientele or loss of opportunity related to any title and on any basis whatsoever.

The Service Provider shall not be liable in the event of failure of third parties, in particular any failure of the Internet network. The Service Provider shall not be liable for any delay or non-performance of this Agreement or for any other damage caused by force majeure, an act of the Customer or a third party.

The Seller may not be held liable for non-performance of the Contract in the event of force majeure or fortuitous event, and in the event of damage caused by a third party or attributable to misuse or non-conforming use of the Products by the Customer in violation of the Seller's, manufacturer's and/or trade regulations.

The Customer acknowledges that the repair of the Products and, where applicable, their replacement, in accordance with the Agreement, shall be the sole and fair compensation for any loss that may be caused by a malfunction or non-conformity of said Products, attributable to the Seller. In the event that the Products cannot be replaced or repaired, the Seller's liability shall be limited to the amount paid by the Customer to the Seller for the Products in question.

Article 29: Insurance

Each of the Parties undertakes to maintain in force, for the entire duration of the Contract, with a reputably solvent insurance company, an insurance policy covering any damage that may occur to its property and personal belongings, as well as a policy covering its professional liability, so as to cover the financial consequences of any bodily, material or immaterial damage for which they may be held liable, caused by any event and which may be caused by its employees and/or any partner companies during the performance of the Contract.

Article 30 : Support / After Sales Service

The Customer is informed that he may order Products whose labelling and documentation is not in French and consents to this. The Seller undertakes to provide a translation or to answer the Customer's queries at the Customer's request to the e-mail address "store@wavy.co".

Personal data

Article 31: Protection of personal data of individuals

The Customer is informed that in the context of the use of the Application, it will be required to process Personal Data (hereinafter "PCD") of individuals, in particular of its own end customers, in its capacity as a subcontractor of the Service Provider, within the meaning of European Regulation n°2016/679 known as the General Regulation on Data Protection (hereinafter "GDR"). It is informed that it may be held liable in this respect if it disregards the Service Provider's instructions and is guilty of violating the DPPR and/or any national implementing legislation. The Service Provider acts as data controller.

 

(i) Compliance with instructions: in the context of the management of its own customers' FTDs, the Customer undertakes to comply strictly with the Service Provider's instructions, both those contained in this Agreement and those which will be sent to it subsequently by any means. The Customer undertakes to inform his employees, principals, sub-contractors or co-contractors, or any person of any nature involved in his activity, of the obligations imposed on them by this Article, prior to their involvement in any FTD processing.

 

(ii) Principles: the Customer is informed that the management of its own customers' FTDs must comply with the principles listed in Article 5 of the GDR, namely: lawful, fair and transparent, minimised, secure and proportionate processing for the purposes defined below.

 

(iii) Prohibition to process more PCDs than those provided by the Service Provider: in the context of the Application, the surnames, first names, date of birth, address, telephone number, gender and receipts of customers will be collected and processed. This list may change depending on the version of the Application made available by the Service Provider. However, the Customer shall refrain from collecting or processing any type of PCD other than those provided by the Service Provider, of any nature whatsoever, and undertakes in particular not to use the free annotation fields made available to it in the Application to collect any type of PCD that is not provided for by the Application. The Customer is informed that it may be held liable if it uses these free fields to collect sensitive data about its own customers (ethnicity, origin, sexual orientation, religion, political opinion, union membership, data relating to the state of health).

 

(iv) Purposes of processing: the PCDs collected in the context of the use of the Application will be used to identify end customers, to provide them with the services offered by the Customer, to record their requests for appointments, to contact them in connection with the organisation of these appointments, to carry out statistical calculations and for sales canvassing purposes by offering them offers corresponding to their usual consumption, their gender and their age. Due to the principle of data minimization, set forth in Article 5 of the GDPR, the Provider has strictly limited the type of FAD that may be collected and processed in the Application, and the Customer therefore refrains from collecting any data of any other nature.

 

(v) Retention period: the FTDs of end customers are retained for a maximum of sixteen (16) years from the last time they were at the Customer's establishment, subject to any exercise of their right of erasure, portability or opposition before the expiry of this period.

 

(vi) Storage and transfer of FADs: the Customer is informed that the FADs of individuals, processed by the Application, are stored at the Service Provider's partners, in accordance with the DPR. Any transfer of data outside the territory of the European Union is carried out in accordance with the mechanism of standard contractual clauses, adopted by the European Commission by decision 2010/87/EU of 5 February 2010.

 

(vii) Limitation of use: the Customer is prohibited from using the PCDs collected via the Application in any manner other than that provided for by the Application and for the operation of the Service, which has been designed to comply with the legislation in force (privacy by design).

 

(viii) Information of the data subjects: transparent information of the data subjects concerned by the processing of their PCD is available on the Service Provider's website, at the url https://www.wavy.co/rgpd and is carried out by automatically sending an email to the email address when it is filled in by individuals when creating their customer account. The Customer undertakes to pay particular attention to any instructions that the Service Provider may send to him/her regarding the proper information of individuals regarding the processing of their data and their corresponding rights.

 

(ix) Exercise of the rights of the data subjects: the Customer is informed that the data subjects involved in the processing of PCD may exercise the rights listed in articles 15 and following of the DPR: right of information, access, opposition, deletion, limitation of processing, withdrawal of consent and data portability. The exercise of these rights is carried out by the Service Provider in accordance with the procedures set out at the following URL: https://www.wavy.co/rgpd

 

(x) Opposition to processing: if, at the time of data collection, an individual objects to the processing, the Customer undertakes to respect his choice and not to create a customer account for him on the Application.

 

(xi) Subcontracting: the Customer undertakes to notify the Service Provider in advance if it wishes to use a subcontractor to perform any PCD processing on its behalf and to provide the Service Provider with all requested information regarding the chosen subcontractor.

 

(xii) PCD security: the Customer undertakes to ensure the security of the data that it can consult on its account in the Application and not to disclose its password. The Customer undertakes to immediately notify the Service Provider in the event of unauthorized access, unauthorized copying or corruption of the PCDs that are stored on its accounts or within the Service Provider's Services.

 

(xiii) Termination: In the event of termination of the Agreement, regardless of the cause, the data collected by the Customer may be returned to him within a reasonable period of time, at his request.

The Service Provider undertakes to ensure that it advises and answers, within a reasonable period of time, any questions formulated by the Customer with regard to the application of the RGPD and, more generally, the protection of their customers' personal data through its Data Protection Officer, whose identity is given on the Service Provider's website at https://www.wavy.co/rgpd

Article 32: Protection of the Customer's personal data

The Customer is also required to provide Personal Data concerning him/her to the Service Provider/Seller in order to ensure the operation of the Service. The Customer's name or surname and first name, his postal and electronic contact details, his SIREN/SIRET/SIRENE number, his NAF activity code and the location of his registered office will be used by the Service Provider for statistical purposes, for contact and for sending commercial offers in relation to his professional activity. If the Customer no longer wishes to receive these offers, it may inform the Service Provider/Seller of this at any time by post or e-mail or via the unsubscribe link contained in each of the e-mails sent to the address of the Customer by the Seller or in its customer account.

These data will be stored by the Service Provider and its partners, any transfer of data outside the territory of the European Union being carried out in accordance with the mechanism of standard contractual clauses, adopted by the European Commission by Decision 2010/87/EU of 5 February 2010. The Customer's PCDs will be kept for the entire duration of the Agreement, and by default for a maximum of ten (10) years from the termination of the Agreement.

The Customer or any person concerned may at any time exercise his rights of access, rectification, deletion or portability of his data, as well as opposition or limitation of the processing, by contacting the Service Provider at the following e-mail address: victor@wavy. co, or at the following postal address : Société TDLS - Data Processing - 9,Boulevard de la Madeleine - 75001 Paris. In the event of a dispute relating to the processing of the Customer's or private individuals' PCDs, the Customer shall have the right to refer the matter to the Commission Nationale de l'Informatique et des Libertés (CNIL), 3Place de Fontenoy - 75007 Paris.

Article 33: Exporting Customer Files

If the "customer file export" function is used, the Customer is informed that he then becomes responsible for the PCDs communicated to him and will therefore act as the person responsible for the processing carried out on them. Consequently, the Customer must comply with all of the obligations imposed on him/her by the Laws and Regulations, and in particular by European Regulation no. 2016/679 known as the General Regulation on Data Protection (RGPD).

The Customer's attention is particularly drawn to his obligation to inform himself about the legal framework for any storage, collection and processing of PCD and to comply strictly with it. The Service Provider shall not be held liable for any violation committed by the Customer with respect to the processing, of any kind, of such data.

Final provisions and disputes

Article 34: Withdrawal

The Parties understand that no right of withdrawal may be exercised. Indeed, the Products offered for sale as well as the Services offered are specifically intended for hairdressing and beauty establishments, a field which constitutes the Customer's professional or commercial activity and which falls within the scope of his usual skills.

If the Customer is eligible for the provisions of articles L. 221-18 et seq. of the French Consumer Code, he will have the option of withdrawing from the contract within fourteen (14) days following receipt of the order. The legal exceptions to the application of the right of withdrawal shall apply.

The Customer is then required to send a registered letter to the following postal address: TDLS - rétractation - 9, Boulevard de la Madeleine- 75001 Paris, or an e-mail to the e-mail address store@wavy.co stating unequivocally that he has exercised his right of retraction or including the retraction form provided in the appendix.

Withdrawal of a purchase of Products

In the event of a retraction concerning the sale of Products, the Customer must reship his order to the Vendor within fourteen (14) days from the date of his exercise of the right of retraction to the address communicated at the time of the order or, failing this, to the following address: Société TDLS, 9 Boulevard de la Madeleine - 75001 PARIS (France). The Client shall bear the direct costs of the reshipment of his order.

Products must be returned in their original condition, unopened and undamaged. Any product consumed even very partially will not be accepted.

The Seller then undertakes to reimburse the Customer, including delivery costs (excluding specific delivery costs incurred by the Customer at his request or according to a quotation, and delivery costs incurred for shipment outside the European Economic Area), within fourteen days of receipt of the returned goods.

Withdrawal of Supply of Services

All Customers have a contractual withdrawal period of seven (7) days from the day of signing the Contract, without any particular eligibility conditions and unless otherwise agreed by the Parties.

In any event, the Customer waives his legal right of withdrawal in that the subscription to the Service Provider's Services constitutes a supply of digital content not provided on a physical medium, within the meaning of the French Consumer Code.

Article 35: Force majeure / unforeseen circumstances

Where applicable and if the legal conditions are met, force majeure suspends the performance of the Agreement and the Parties' mutual obligations, it being specified that only those obligations rendered unenforceable by force majeure are suspended. The Parties may provide for the suspension of their other reciprocal obligations by written agreement.

As soon as the force majeure event has ceased, the Contract shall resume its course.

If the suspension thus caused has lasted more than two(2) months, the Service Provider may require an extension of the Contract for a period equal to the duration of the suspension.

In any event, the party failing to comply due to a case of force majeure shall keep the other party regularly informed of the prognosis for the removal or reinstatement of this case of force majeure.

The Parties exclude the application of Article 1195 of the Civil Code.

Article 36: Applicable law

The Contract is governed solely by French law and the General Conditions are originally written in French. The French version takes precedence over any other version in the event of contradiction between several translations thereof.

 Article 37: Mediation

The Customer, when he is a consumer within the meaning of the Consumer Code or the provisions of European law, may, if he so wishes, refer the matter to any mediator of his choice to resolve any dispute with the Seller, in particular by using the European online dispute resolution platform (RLL):

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR

 Article 38: Judicial clause

Any dispute arising from the interpretation, performance, non-performance or consequences of the Contract shall be submitted to the exclusive knowledge of the Commercial Court of Paris.

The Parties undertake to notify each other of their objections before any case is brought before any court, it being understood that the commencement of settlement talks shall not interrupt the limitation periods.

Link to the withdrawal form : click here