LEGAL NOTICE & GENERAL TERMS AND CONDITIONS OF SALE
fashion.mugler.com
Effective as of February 14, 2025
Welcome to the www.fashion.mugler.com website (the “Website”).
Please carefully read these General Terms and conditions of Sale (hereinafter referred to as the "GTS"), the Legal Notice, as well as the Terms of Use of the Website (accessible here) and the Privacy Policy (accessible here)
LEGAL NOTICE
fashion.mugler.com
The Seller and Publisher
The Seller and the Publisher of the Website is the company MUGLER FASHION, a French “société par actions simplifiée”, with a capital of 837,650.00 euros, whose head office is located at 14, Rue Royale - 75008 Paris, registered with the French Trade and Companies Registry under number 815 113 188 RCS Paris.
Intracommunity VAT number: FR34815113188
Contact: https://fashion.mugler.com/pages/contact-us
Director of Publication: Danièle LAHANA-AIDENBAUM
The Host
The Website is hosted by SHOPIFY, Shopify International Limited, a private company limited by shares incorporated in Ireland under registration number 560279, and whose registered office is at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. Its VAT number is IE 3347697KH and its website is available at https://shopify.com/.
E-mail : [email protected]
Phone number : 1-613-241-2828
GENERAL TERMS AND CONDITIONS OF SALE
1. SCOPE OF APPLICATION
1.1 As used in these GTS the "Purchaser" or “You” shall mean the person browsing the Website and/or ordering any Product(s) (also referred as “Item(s)”) through it; "We" or the "Seller" shall mean the company identified in the legal notices; the Purchaser and the Seller are hereinafter collectively referred to as the "Parties" and individually as the "Party".
1.2 Unless otherwise specified, the following GTS apply to and govern the Purchaser use and browsing of the Website, including all pages and other sites accessible at this address, and the relationship between the Parties if the Purchaser orders any Products via the Website. These GTS shall solely apply to the exclusion of any and all other terms of sale, whether applicable to sale via retail outlets or any other distribution or marketing channels.
1.3 Pursuant to applicable laws and regulations, it is hereby specified that confirming a purchase order as set forth under these GTS shall qualify as an e-contract between the Parties and valid evidence as between the Parties of the entire order and all amounts due and payable under such order.
1.4 Any order of a Product on the website shall require that the Purchaser acknowledges and expressly agrees to these GTS by ticking the dedicated box during the order process.
1.5 We reserve the right to change or update all or parts of the GTS at any moment. The applicable GTS are the ones accepted by the Purchaser at the time of purchasing a Product. The Purchaser can access the applicable GTS by contacting the Customer Service here.
2. TERMS OF PURCHASE
2.1 All Products offered via the Website are intended exclusively for individuals who (i) are adults (or, if underage, duly authorized by their legal representative to place an order via the Website); and (ii) enjoy full legal capacity to place orders via the Website. We hereby reserve the right to request an identification document evidencing the age and/or said legal representative’s authorization of the Purchaser.
2.2 These GTS apply to all consumers as defined in the introductory article of the French Consumer Code, i.e., 'any natural person acting for purposes which do not fall within the scope of his or her commercial, industrial, or agricultural activity,' for personal needs and not intended for resale or professional use. It is hereby specified that the Products are intended for the Purchaser’s own personal use, which must be unrelated to their professional occupation, including any Product reselling.
2.3 We reserve the right not to respond to an order and/or to exclude from our customer/prospect database any Purchaser who fails to meet the requirements under this section.
3. PRODUCTS
3.1 The Products offered on the Website are described and presented by the Seller as accurately as possible, ensuring that the Purchaser has all the essential information about an Item’s characteristics before placing an order. The Purchaser is informed that any photographs and language used to illustrate the Products may change over time.
3.2 The Products offered for sale via the Website are those displayed at the time the Purchaser browses the Website, subject to stock availability. The Purchaser is encouraged to check the availability of the Product on its specific page.
3.3 If a Product is unavailable after placing an order, the Purchaser will be notified by e-mail. The amount of the order will be recalculated, and the Purchaser will be debited the new amount, minus the missing products. If the order is completely unavailable, the Purchaser will be notified by e-mail and will not be debited.
3.4 The Purchaser may also cancel an order placed on the Website by contacting the Customer Service here. If the Customer Service informs the Purchaser that the order has already been processed, the Purchaser will not be able to cancel it: the Purchaser will then have to return the Products upon receipt of the order, under the conditions set out in Article 10 below.
4. PRICES
4.1 Prices shall be in be in the currency of the country where the Purchaser places an order and receives the delivery. Prices shall be inclusive of any discounts and VAT as applicable on the date of order. Any variation in applicable VAT rates shall be reflected onto the Products prices.
4.2 Product offers and prices should be valid if they are visible on the Website, except during special promotions where the validity period is specified.
4.3 The Seller reserves the right to modify prices from time to time, provided however that the Products shall be charged on the basis of the price list as applicable upon registration of the order.
4.4 Prices are inclusive of processing and delivery costs which are the Seller’s responsibility. The Purchaser is responsible for any customs duties.
5. REGISTRATION AND VALIDATION OF AN ORDER
5.1 Order terms
To place an order, the Purchaser shall first access the Website.
The Purchaser can then view the various Products offered for sale on the Website and select Products by browsing the various categories displayed.
While browsing the Website, the Purchaser wishing to place an order can do so by simply clicking on the button intended to add the Product to the shopping cart.
Once this is completed, the Purchaser shall see the number of Products in their shopping cart displayed. It is hereby specified that the content of the shopping cart may be subject to a session timeout.
The Purchaser may then continue browsing or click on the shopping cart to see the contents of the cart displayed onscreen, with all of the added items, the aggregate amount of the order, billing and delivery details, delivery period, costs and any applicable delivery restrictions.
The Purchaser may go back to, supplement, modify or cancel said order, until they finally confirm it. If the Purchaser wants to select any further Product(s), they may continue browsing the Website, with the assurance that the selected Product(s) shall be duly kept in the shopping cart.
When The Purchaser has finished selecting the Products, they may confirm the selected Products by clicking on the dedicated button to move on. A new page shall then be displayed, asking the Purchaser to:
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- enter their login (email address) and password if the Purchaser is already registered on the Website; or
- accurately fill out a personal data collection form by entering the information in the required fields, including Last Name, First Name, Email Address, Postal Billing Address, Postal Delivery Address (to which delivery can be made during business hours from Monday to Friday).
- The Purchaser agrees to fill out the provided form in good faith. The Purchaser acknowledges that the data disclosed to the Seller and stored in the Seller’s or its subcontractors’ IT systems are correct and shall constitute valid evidence of their identity. It is hereby specified that said personal data shall be governed by the Privacy Policy accessible here.
- After checking the content of the order, the Purchaser shall be asked to:
- click on the dedicated button to place their order and to access payment of their order, as per the terms set forth under these GTS; or
- click on the dedicated button to modify their shopping cart and/or personal contact information.
- Before clicking on the dedicated button to place an order and to access payment, the Purchaser shall be required to, first, read these GTS and, second, confirm their agreement with the GTS by completing an acceptance confirmation action required on the Website (e.g., ticking a box).
5.2. Order confirmation
Upon confirmation of the order and validation of the related payment as per the terms set forth below, a printable and downloadable version of the Purchaser’s order recap shall be displayed, including, without limitation, the order’s reference.
An order confirmation email shall be sent promptly by the Seller to the email address provided by the Purchaser, including, without limitation, the following information:
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- the Seller’s identity and contact detail;
- reference of the order as registered upon placing the order;
- a recap of the order and main features of the Products;
- the total amount of the order, inclusive of tax;
- payment confirmation.
5.3 Order proof
The Seller and the Purchaser expressly agree that emails are binding between the Parties as well as the automatic recording systems used on the Website, as regards, in particular, the nature and date of the order.
The Purchaser may access, where applicable under ordinary rules of law, the e-contract between the Purchaser and the Seller, upon contacting the Customer Service here and providing all of the information required for this purpose, including the order number and his/her contact details.
To access the confirmation of the electronic contract concluded between the Purchaser and the Seller, the Purchaser also has the option to refer to the order confirmation e-mail referred to in Article 5.2, which contains, on a durable medium, all the mandatory information provided for in Article L. 221 of the French Consumer Code, and which it is the Purchaser's responsibility to keep.
6. PAYMENT
6.1 Upon the Purchaser’s acceptance of these GTS, a dedicated Web page shall open up for payment of the order. Any and all orders hereunder shall carry the obligation to pay, which means that placing an order requires the Purchaser to make a payment. The amount payable by the Purchaser shall be the amount stated on the order validation as displayed on the dedicated webpage and subsequently confirmed by email from the Seller to the Purchaser.
6.2 The order shall not be deemed confirmed by the Seller unless and until (i) the Purchaser agrees to the GTS; (ii) payment validity is checked and confirmed; and (iii) confirmation of order has been sent to the Purchaser.
6.3 Payment can be made upon making the order, via the Internet, by credit card. The Purchaser shall be automatically connected to the payment service provider’s e-cash server. The payment service provider’s server shall be secured by an SSL (Secure Socket Layer) encryption process intended to protect as efficiently as possible all data related to payment methods and ensure that the Purchaser’s banking details shall not at any time transit though the Seller’s IT system. The Seller shall, therefore, assume no liability.
6.4 In any event, the Seller reserves the right to refuse any order or delivery in case (i) of any existing dispute with the Purchaser; (ii) of any payment default of all or part of any order placed by the Purchaser; (iii) of a payment authorization by credit card is denied by banking institutions, (iv) of non- payment or partial payment, and (v) any other situation that does not comply with these GTS. In case of a payment issue, the Purchaser agrees to return the delivered Products at their own expense upon the Seller's request.
6.5 For the purpose of preserving the Seller from any fraudsters’ abusive practices, and in the event that the Seller or the online payment service provider suspect an order of being fraudulent, they hereby reserve the right to request the Purchaser (before processing the order) to provide additional documentary evidence (including the Purchaser’s ID) in order to check whether it is fraudulent or not.
6.6 If the Purchaser fails to respond within fifteen (15) days following the Seller’s or the online payment service provider’s request, the order shall be cancelled, and no payment shall be cashed by the Seller. If payment for the order has already been cashed, the Seller shall refund it within fourteen (14) days following the end of the abovementioned period of time, using the same payment method as that used by the Purchaser.
7. DELIVERY AND RECEIPT
7.1. Delivery terms
The Products can be delivered in the following territories : everywhere in the world, except Russia.
The ordered Product will be dispatched to the postal address entered by the Purchaser. The Product will be sent by via a special service provider (hereinafter “Carrier”) selected by the Seller. The Purchaser shall bear the consequences resulting from the erroneous and/or incomplete nature of the information provided.
The Purchaser may designate a third-party to retrieve the Product. The Seller shall not be liable for any issues arising from the Purchaser's designation of a third party for retrieval.
The Carrier may request identification from the Purchaser or their designated recipient upon delivery. The Purchaser and any designated recipient shall be prepared to present such identification and, in the case of a designated recipient, authorization to receive the Product(s).
In the absence of the Purchaser or their designated recipient at the time of delivery, the Carrier shall leave a delivery notice at the specified delivery address. The Purchaser is hereby informed that any given parcel shall be kept by Carrier for a period of fifteen (15) days as from the initial delivery attempt.
The Purchaser shall then contact Carrier to agree on a new delivery method such as a delivery on a new date, a delivery without signature, the return of the order to the Seller or the delivery to relay point designated in accordance with the Carrier. However, if the Purchaser fails to contact Carrier, the latter shall make two more delivery attempts on such date and time as may be determined by Carrier in its discretion.
7.2. Delivery period
It is hereby specified that an order shall not be dispatched unless and until it is duly processed. Processing of an Order paid by credit card shall take a maximum period of two (2) working day(s), with working(s) day(s) meaning any days other than Sundays and public holidays at the delivery address. Once the order has been processed, the relevant Products are shipped and delivered by the Carrier within an average period of 2 to 10 working days from the confirmation of the order by the Seller.
An order shall be completed within a maximum period of thirty (30) days following the day on which the Purchaser placed their order, subject to full payment of the price and compliance with the purchase terms as defined under the Article 2 (“Terms of Purchase”) of these GTS.
Failing delivery by said deadline, the Purchaser shall have the right to cancel their order as per the terms set forth under the “Late Delivery” Section below.
7.3. Late delivery
In case of late delivery (i.e., after the specified delivery period or, where there is none, after the maximum delivery period of thirty (30) days following the order confirmation), the Purchaser shall promptly notify the Seller of this delay here, so that the Seller can make inquiries with Carrier.
If the order is retrieved during said inquiries, it shall be immediately rerouted to the place of delivery specified in the order. If, however, the loss of the order is confirmed further to said inquiries, the Seller shall at its own cost re-dispatch the Product(s) to the Purchaser or, if permanently unavailable, refund all amounts paid by the Purchaser (including delivery costs), using the same payment method as that used by the Purchaser.
In any event, in case of late delivery exceeding ten (10) working days following the Purchaser’s email notifying the delay, other than due to force majeure, the Purchaser shall have the option to cancel their order by informing the Customer Service here.
If payment for the order has already been cashed, the Seller shall refund all amounts paid by the Purchaser (including delivery costs), using the same payment method as that used by the Purchaser, unless specified otherwise by the Purchaser, within fourteen (14) days following its receipt of the cancellation notice. Further mandatory legal rights of the Purchaser remain unaffected.
7.4. Receipt
A delivery shall be deemed fulfilled as soon as Carrier makes the Product(s) available to the Purchaser or to a third-party designated by the Purchaser. It shall be the Purchaser’s responsibility to check the delivered Product(s)’ compliance and integrity upon receipt thereof.
Any default at the time of delivery (including any late delivery, missing or damaged Product) must be fully and accurately indicated by the Purchaser on the receipt given by the Carrier when the Products are made available and/or confirmed by registered letter to the Carrier within ten (10) days following receipt of the order.
Such default shall also be notified in parallel and as soon as possible to the Customer Service here with a copy of the claim made to the Carrier.
8. RETENTION OF TITLE AND TRANSFER OF RISK
8.1 The Seller retains title to the Product(s) ordered until full payment of the price and ancillary expenses, including shipping costs by the Seller.
8.2 The Purchaser is solely responsible for the reasonable care and management of the Products upon taking possession in accordance with the instructions for use, technical specifications, and applicable safety standards. The Seller shall in no event be liable for any damage resulting from improper use or application of the Product.
8.3 Risk of loss or damage to the Product transfers to the Purchaser upon receipt by the Purchaser or their designated recipient.
9. LEGAL WARRANTIES
9.1. Description of legal warranties
All Products supplied by the Seller benefit from the legal warranty of conformity provided by Articles L. 217-1 to L. 217-17 of the French Consumer Code and the warranty relating to the item’s defaults under the conditions provided by Articles 1641 to 1649 of the French Civil Code.
If the delivered Product(s) do not conform to the Product(s) ordered by the Purchaser or if they exhibit any hidden defects, the Purchaser is entitled to request, free of charge, either the repair or replacement of the Product(s) within the first two (2) years from the date of order. During this period, the Purchaser is only required to establish the existence of the conformity defect and not the date of its appearance.The legal guarantee of conformity entails an obligation for the Seller, if necessary, to provide all updates necessary to maintain the conformity of the Product(s).
The legal guarantee of conformity gives the Purchaser the right to repair or replace the Product(s) within thirty days of their request, at no cost and without major inconvenience to them.
If the Product(s) are repaired under the legal guarantee of conformity, the Purchaser benefits from a six-month extension of the initial guarantee.
If the Purchaser requests the repair of the Product(s), but the Seller requires a replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the Product(s).
The Seller can obtain a price reduction while keeping the Product(s) or terminate the contract by getting a full refund against the return of the Product(s), if:
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- The professional refuses to repair or replace the Product(s);
- The repair or replacement of the Product(s) occurs after a period of thirty days;
- The repair or replacement of the Product(s) causes major inconvenience to the Purchaser, particularly when the Purchaser permanently bears the costs of returning or removing the non-conforming Product(s), or if they bear the costs of installing the repaired or replacement Product(s);
- The non-conformity of the Product(s) persists despite the Seller's unsuccessful attempt to bring them into conformity.
The Purchaser also has the right to a price reduction or contract termination when the conformity defect is so severe that it justifies an immediate price reduction or contract termination. The Purchaser is then not required to request the repair or replacement of the Product(s) beforehand.
The Purchaser is not entitled to terminate the sale if the conformity defect is minor.
Any period during which the Product(s) are immobilized for repair or replacement suspends the guarantee period that remained until the delivery of the repaired Product(s).
The Seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover.
The Purchaser also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the Purchaser to a price reduction if the Product(s) are kept or a full refund against the return of the Product(s).
9.2. How to proceed
The Purchaser shall send an email to inform the Seller’s Customer Service here, to notify the Product(s)’ lack of conformity or hidden defects.
The Purchaser is reminded that when it acts as a legal warranty of conformity, it is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods, in accordance with Article L. 217-7 of the Consumer Code.
The Seller’s Customer Service shall acknowledge receipt of the Purchaser’s request and confirm the process to follow. Upon receipt of instructions from the Seller’s Customer Service, the Purchaser shall return the Products that are lack conformity or have hidden defects to the Seller at the address below:
MUGLER
Customer Service e-commerce
49 avenue de l’Opera
75002 PARIS
France
Such Product(s) shall be (i) returned complete, unused, and preferably in its/their intact original packaging; and (ii) preferably with its/their original wrapping (except in case of hidden defects) and the return voucher, and a copy of the invoice.
In addition, the Seller shall not accept parcels freight collect. Any risk related to the return of the Product(s) shall be assumed by the Purchaser.
Upon receipt of the Product(s) allegedly lacking conformity or having hidden defects, the Seller shall check the Product(s) to ascertain the conformity or non-conformity thereof. Likewise, the Seller may perform a quality test on the Product(s) returned by Purchaser to check whether the returned Product(s) is/are in fact original Product(s). It is hereby agreed that said checks shall be performed as promptly as possible and within a maximum period of one (1) month.
10. Return Policy and Right of Withdrawal
10.1 As the Purchaser, you have a legal right of withdrawal to return any Product(s) that doesn’t meet your expectations without being required to give any reason or pay any penalty.
10.2 You have fourteen (14) days to exercise your right to return any Product(s). The withdrawal period begins from the date you, or any third party you designate, take physical possession of the Product(s). If you have ordered several Product(s) and they were delivered in multiple parts, the withdrawal period will commence once you, or any third party you designate, have taken physical possession of the last Product or the final part of the delivery.
10.3 To be eligible for a return, the Product(s) must be in its original, brand-new, and perfect condition. The Product(s) should not have been altered through handling beyond what is necessary to determine its nature, characteristics, or proper functioning. Any use that compromises its resale value or violates hygiene and health protection standards pursuant to Article L 221-28, 5° of the Consumer Code will render the Product(s) ineligible for return. The Purchaser assures that the following criteria are met:
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- The Product(s) does not show signs of wear or use;
- The Product(s) is not damaged or degraded;
- The identification tag with the disposable seal has not been removed;
- The Product(s) is returned in its original, undamaged packaging or in packaging that provides a similar standard of protection.
10.4 To initiate a return, the Purchaser must follow these steps:
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- Visit the returns portal on our website: https://fashion.mugler.com/pages/returns
- Enter the order number and email address used to place the order.
- Retrieve the prepaid DHL return shipping label from the email. Check the spam folder if there are issues receiving the email.
- Pack the Product(s) securely in the original packaging, if possible.
- Affix the prepaid return label to the outside of the package, ensuring the original shipping label is covered.
- Drop off the package at any DHL service point or schedule a pickup through DHL.
10.5 Once your return is received and inspected, we will inform you by email whether your return has been accepted. In such cases, your refund will be processed within fourteen (14) business days and credited to the payment method used for your purchase, unless you expressly selected another repayment method.
10.6 We will refund all amounts paid, including delivery costs. If you choose to return a Product using a delivery method other than the one we offer, you agree to cover any additional expenses that may result.
10.7 If the return conditions mentioned in Article 10.2 and Article 10.3 are not met, we reserve the right to refuse the return and withhold reimbursement. In such cases, we offer the possibility to retrieve the Product(s) through re-delivery, for which you agree to fully cover the expenses. If you do not request the return of the Product(s) or decline the re-delivery, we reserve the right to retain the Product(s) and the corresponding purchase amount.
10.8 For any further information on the scope, contents, or instructions related to the exercise of your withdrawal right, you may contact Customer Service here.
11. CONCILIATION AND MEDIATION
11.1 Prior Conciliation
For any problem relating to an order, please contact our Customer Service here, to whom any dispute of consumption must be entrusted beforehand, or by postal mail to the following address:
MUGLER
Customer Service e-commerce
49 avenue de l’Opera
75002 PARIS
France
11.2 Mediation
In case of failure of the conciliation, two options are available to the Purchaser. The Purchaser has the choice between the two types of mediation provided below.
i. Mediation provided by the Consumer Code
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes (Article L. 612-1 et seq. of the French Consumer Code), the Seller adheres to the services of the Paris Mediation and Arbitration Center (hereinafter the "Mediator") whose contact details are as follows: 39 avenue Franklin D. Roosevelt - 75008 Paris - http://www.cmap.fr.
Any consumer dispute may be referred to the Mediation Service by following the referral procedure at the following address: here.
ii. Recourse to the online dispute resolution platform (RLL)
The Online Dispute Resolution platform, in accordance with Article 14 of Regulation (EU) No. 524/2013, can be used for any consumer dispute and is accessible on the following link: here.
12. PERSONAL DATA
12.1. Personal Data
All personal information (personal data) marked with an asterisk and collected for mail-order purposes shall be required, as such information is necessary for the purposes of processing and delivering orders, and issuing invoices. Said information shall be strictly confidential and for use only by the Seller or its subcontractors under the same obligations, for the sole purpose of processing orders and as per the Privacy Policy accessible here.
It is hereby specified that the Purchaser shall have the right to access, modify, correct or delete their personal data.
The Purchaser may exercise this right by sending a message and their ID to the Seller’s Customer Service here.
For more information on the processing of your personal data, We invite You to consult our Personal Data Policy available here.
The Purchaser may receive information emails from the Seller about the Seller’s Products and activities, if the Purchaser previously expresses consent by ticking the appropriate box. The Purchaser shall retain the right to refuse such communication either as a preliminary matter by not expressing consent upon confirming the order, or subsequently by expressing their refusal here.
12.2 Cookies
The Website uses cookies. Cookies are computer files stored on the hard drive of the Purchaser’s PC. For any further information on the Seller’s use of cookies on this Website, please read the notice available here.
13. MISCELLANEOUS PROVISIONS
13.1 Force majeure
Neither Party shall be held liable for any failure to perform all or any part of their obligations under these GTS where such default is due to force majeure.
Are considered cases of force majeure the events meeting the criteria set by the jurisprudence of the French Supreme Court (Cour de Cassation) and the legislation.
Any Party asserting a force majeure event shall notify the other Party within five (5) working days following the occurrence of such force majeure event. The Parties hereby agree that they shall meet as promptly as practicable in order to mutually determine the performance terms of the order during the force majeure event. If the interruption due to force majeure continues for a period of one (1) month or more and if the Seller is unable to fulfill the order, the Seller shall give the Purchaser a refund.
13.2 Partial invalidity
In the event that any of the provisions under these GTS is held or found to be invalid under any law or regulation or final decision issued by a court of competent jurisdiction, all of the other provisions shall remain in full force and effect.
13.3 Entire GTS
These GTS and the confirmation of the order sent to the Purchaser shall form a single contract and reflect the entire agreement between the Parties.
13.4 Amendment to the GTS
It is hereby specified that the Purchaser shall be authorized to save or print these GTS, provided that it shall not make any changes hereto.
The GTS in force can be consulted at any time under the heading "General Terms and Conditions of Sale" accessible via all the pages of the Website.
The Seller may update these GTS from time to time. Such an update is subject to prior and specific notification on the Website.
13.5 Governing Law and Jurisdiction
These GTS and the entire agreement between the Purchaser and the Seller shall be governed by the laws of France. In the event of any dispute between the Purchaser and the Seller, failing resolution through the mediation process provided under Article 11 above, said dispute shall be referred to the French Courts of competent jurisdiction.