GENERAL TERMS AND CONDITIONS OF SALE
Up to date as of October 1st, 2021
YOLAINE PARIS, a simplified joint-stock company with a capital of 5,000 euros, registered in the Paris Trade and Companies Register under number 892 752 668, whose registered office is located at 10 rue du Faubourg Montmartre - 75009 Paris, intra-community VAT number FR 37892752668 (hereinafter "YOLAINE PARIS") operates a website available at the address yolaine-paris.com (hereinafter the "Website")
Mail: YOLAINE PARIS - BEAUTY STORY, 10 rue du Faubourg Montmartre, 75009 Paris
Definitions In the context of these general terms and conditions of sale, the terms used hereinafter have the following meanings, whether used in the singular or in the plural:
- "Customer": refers to any user who has purchased one or more Products through the Website;
- “General Terms and Conditions of Sale”: refers to these general terms and conditions of sale defining the conditions and modalities of sale and supply of Products by YOLAINE PARIS to Customers;
- "Personal Account": refers to the account available to any Customer to place an order in order to access the services, including the personal data necessary for
- YOLAINE PARIS to offer the products and services provided for herein. To access the Personal Account, the Customer must activate it; this is not automatic when placing the order;
- "Order": refers to the process of the Customer selecting the Products it wishes to purchase;
“Contract”: refers to these GTCS, the Personal Data Protection Policy, and any special conditions applicable to certain promotional operations. Therefore, the Customer waives the right to rely on any contradictory document which would challenge the Contract, and which would therefore be unenforceable against YOLAINE PARIS;
- “Personal data”: designates any information relating to an identified or identifiable natural person, directly or indirectly;
“YOLAINE PARIS”: refers to the company YOLAINE PARIS, a simplified joint-stock company with a capital of 5,000 euros, whose registered office is located at 10, rue du Faubourg Montmartre - 75009 Paris, registered in the Paris Trade and Companies Register under the number FR 37892752668, which offers and sells the Products to Customers;
- “Parties”: jointly designates YOLAINE PARIS and the Users of the Website;
- “Products”: refers to the cosmetic products under the YOLAINE PARIS brands offered and supplied by YOLAINE PARIS to the Customers;
- “Services”: refers to the online sale of Products through the Website;
- "User": refers to any natural or legal person accessing the Website, whether or not they are a Customer.
Article 2: Purpose of the GTCS and version in force
2.1. The purpose of these General Terms and Conditions of Sale (hereinafter “GTCS”) is to (i) define the conditions under which Users can access the Website, the Services and place Orders, (ii) manage the relations between YOLAINE PARIS and the Users.
2.2. They are applicable between YOLAINE PARIS and any User of the Website. All Users of the Website undertake to respect, without restriction or reservation, these GTCS, whether they visit it or place an Order. The GTCS are notified to Users for acceptance prior to any Order on the Website. In any event, the fact that the User continues to use the Website after being informed of the modification of the GTCS entails acceptance of the modifications thereof by the User.
2.3. YOLAINE PARIS is free to modify, at any time and without notice, these GTCS, in particular to take into account any legal, jurisprudential and/or technical development. To be informed of these possible modifications, YOLAINE PARIS advises the Customer and in general any User, to re-read regularly the GTCS, the Personal Data Protection Policy, and the Legal Notice of the Website. The General Terms and Conditions of Sale applicable to the Order are those accepted by the Customer at the time of placing the Order. In addition, the refusal of the new General Terms and Conditions of Sale must be explicit; without express manifestation of intention before the entry into force of the new provisions, the Customer will be deemed to have accepted the modifications.
2.4. The User declares to have obtained from YOLAINE PARIS, prior to its Order, all the information on the Services and their content necessary for said Order. The Customer declares to be solely responsible for the choice of Services.
2.5. The User must be a duly represented legal person or a natural adult person with the legal capacity to subscribe to the Services offered by YOLAINE PARIS. Failing that, it must have the authorisation of its legal representative to subscribe to the Services, which it expressly acknowledges and accepts.
Article 3: Personal Account and Order
3.1 Creation of a Personal Account The Customer has the choice of whether to create their Personal Account by indicating in particular its name, first name, email, telephone, and address. Upon receipt of this information, the Customer's Personal Account is then created by YOLAINE PARIS and a confirmation is sent by email to the Customer. The Personal data set out above are processed by YOLAINE PARIS in accordance with the article "Personal data" of these GTCS and the Personal Data Protection Policy. The User undertakes to communicate accurate, complete, lawful and fair information. It undertakes to quickly update its data in the event of any change, in particular to enable the delivery of the Services ordered. Failing that, YOLAINE PARIS shall not be held responsible, only the User being responsible for the data provided by it when creating their Personal Account.
3.2 Placing of the Order In order to place its Order, the Customer provides the necessary data and orders the Products of their choice. The description of the Products is available to the Customer on the Website, which the Customer accepts and acknowledges. Once the Order is finalised, the acceptance of the Order is confirmed by YOLAINE PARIS by sending an email to the address indicated for the creation of the Customer’s Personal Account. Once this step has been validated, the Customer will no longer be able to cancel its Order. The sale will be final (subject to the exercise by the Customer of its right of withdrawal under the conditions provided for in Article 9 of these General Terms and Conditions of Sale). YOLAINE PARIS will send the Customer an order summary at the address provided when creating their Personal Account. The Customer can save or print their invoice.
3.3 Deletion of the Personal Account
(i) Deletion of the Personal Account at the initiative of the Customer The Customer can delete its Personal Account at any time, by contacting customer service at hello@yolaine- paris.com
(ii) Suspension/Deletion of the Personal Account at the initiative of YOLAINE PARIS. In the event of non-compliance with the obligations arising from these GTCS, incidents of payment of the price of an Order, delivery of erroneous information when creating the Account or acts likely to harm the interests of YOLAINE PARIS, YOLAINE PARIS reserves the right to ask the Customer to provide explanations by email, to suspend the Customer's Personal Account while waiting for them to provide such explanations and/or to terminate the subscription taken out by the Customer, without compensation or right to reimbursement, within a period of 15 days from the sending of a formal notice by email to the Customer, without prejudice to the right for YOLAINE PARIS to seek legal payment of any damage and interest in compensation for its entire prejudice. YOLAINE PARIS also reserves the right to refuse to enter into a contract with a Customer who has been excluded or sanctioned for such acts. Article 4: Price of Services and payment
4.1 The price of the Services appearing on the Website is indicated in euros, excluding taxes and all taxes included. The applicable price is that in force when the Order is placed by the Customer.
4.2 Delivery costs: the Customer acknowledges and accepts that the price indicated on the Website does not include the delivery costs of the Products, invoiced in addition to the sales price according to the total amount of the Order. Shipping costs will be specified all taxes included and must be accepted by the Customer when ordering.
4.3 Payment for the Products by the Customer is made by means of a bank card via the secure platform of the payment provider STRIPE, which the Customer expressly acknowledges and accepts. The Customer guarantees YOLAINE PARIS that it is fully authorised to use the bank card for the payment of his Order. YOLAINE PARIS cannot be held responsible for any fraudulent use of the bank card used to pay for the Services by the Customer. The payment methods are specific to the platform of the payment service provider STRIPE, and are independent of YOLAINE PARIS, which does not intervene in any way in the use of said payment service. All the terms and conditions relating to the payment via the STRIPE payment solution are governed by the General Terms and Conditions of Use of this service, accessible at the address https://stripe.com/fr/legal, which apply concomitantly with these GTCS. YOLAINE PARIS does not keep any of the Customer’s bank details, subject to the following provisions. YOLAINE PARIS cannot be held responsible for any malfunction occurring on the STRIPE payment platform. As part of the services offered by STRIPE, YOLAINE PARIS is considered to be responsible for the processing of personal data collected within the framework hereof. STRIPE acts as a subcontractor, in accordance with the applicable legal and regulatory provisions. By accepting these, the Customer also accepts to be bound by the General Conditions of Use of STRIPE. These are subject to modifications by STRIPE only. Indeed, it is specified that in any case YOLAINE PARIS cannot modify the General Conditions of Use of STRIPE, which is exclusively a service provider, and over which it has no control.
Article 5: Delivery of ordered products
5.1 The Products ordered on the Website are delivered exclusively in Europe.
5.2 The Products ordered will be delivered to the address indicated by the Customer when ordering or creating their Personal Account on the Website, according to the delivery method chosen by them when placing their Order.
5.3 Delivery times are indicated on the Website and depend on the delivery method chosen by the Customer (Colissimo, Chronopost, etc.). In any event, YOLAINE PARIS undertakes to deliver the Products within a maximum period of 30 (thirty) days from the Order validation email sent to the Customer by YOLAINE PARIS Delivery times exclude Sundays and public holidays.
5.4 However, the Customer acknowledges that YOLAINE PARIS uses external service providers (carriers, postal services, etc.) in charge of delivering packages containing the Products. Therefore, the delivery times indicated on the Website may be impacted by the service providers without YOLAINE PARIS being responsible for these delivery delays and the consequences that could result from them.
5.5 In the event of failure to deliver on the date or time specified or, failing that, no later than 30 (thirty) days from the Order validation email, subject to the provisions of Article 5.3 below. beforehand, the Customer can direct YOLAINE PARIS, in writing to the address email@example.com, to proceed with the delivery within a reasonable additional time. If YOLAINE PARIS has not performed within this new period, the Customer may request in writing the termination of the Order, which will be effective upon receipt of the written notice. In this case, the bank account used by the Customer when placing the Order will be credited by the payment service provider STRIPE with the amount unduly received.
5.6 Furthermore, it is expressly agreed that in the event that YOLAINE PARIS is unable to deliver a Product under the conditions provided for herein due to a failure by one of its Suppliers (late delivery, non-conformity of the Order in particular), the Customer will be informed by YOLAINE PARIS as soon as possible and by any means. In this case, the Customer will not be debited for the amount of the Product concerned, or will be reimbursed within 14 (fourteen) days. The responsibility of YOLAINE PARIS is therefore limited to the amount of the Product ordered by the Customer.
Article 6: Personal data
YOLAINE PARIS is concerned about respecting the privacy of each of its Customers and Users. All data communicated through the Website is processed in accordance with Regulation No. 2016-679 of April 27th, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. In accordance with the Regulation, each User has the right to be forgotten, to access, modify, rectify, erase, to data portability, objection, complaint and deletion of data concerning them. To exercise these rights, the User must send a request to the following address: YOLAINE PARIS - 10, rue du Faubourg Montmartre 75009 PARIS, or by email to firstname.lastname@example.org providing proof of their identity. In the event of a dispute, the User has the right to appeal to a supervisory authority. All the information concerning the processing carried out, the data collected, the recipients of the data as well as the rights you have over your data are available in our Personal Data Protection Policy.
Article 7: Legal guarantees
In accordance with the provisions of the Consumer Code, the Products sold on the Website benefit from legal guarantees, i.e., the guarantee of conformity (articles L.217-4 et seq. of the French Consumer Code) and the guarantee for latent defects (articles 1641 and following of the French Civil Code), allowing Customers to return defective and non-compliant Products free of charge.
7.1 Guarantee for latent defects The French Civil Code provides that: Article 1641 of the French Civil Code: The seller is bound by the guarantee for latent defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lesser price for it, had he known them. Article 1644 of the French Civil Code: In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price returned, or keeping the item and having part of the price returned. Article 1645 of the French Civil Code: If the seller was aware of the defects in the item, he is liable, in addition to the return of the price he received, for all damages caused to the buyer. Article 1646 of the French Civil Code: If the seller was unaware of the defects in the item, he will only be liable for the returning of the price, and for the reimbursement of the buyer for the costs incurred by the sale. Article 1648 of the French Civil Code: The action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity. As part of the legal guarantee for latent defects, YOLAINE PARIS, depending on the Customer's choice, undertakes, after assessment of the defect, either: to reimburse them for the full price of the Product concerned; to reimburse them for part of the price of the Product if the Customer chooses to keep it.
7.2. Legal guarantee of conformity
The French Consumer Code provides that: Article L. 217-4: The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility. Article L. 211-5: To comply with the contract, the goods must:
1) Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or its representative, in particular in advertising or labelling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. Article L. 211-12: The action resulting from lack of conformity lapses two years after delivery of the goods. Article L. 217-7: The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. Article L. 217-8: The buyer is entitled to demand that the goods conform to the contract. However, he cannot dispute the conformity by citing a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials which he himself supplied. Article L. 217-9: In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. Article L. 217-10: If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for him given the nature of the good and the use he seeks. The rescission of the sale cannot however be pronounced if the lack of conformity is minor. Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost for the buyer. These same provisions do not preclude the award of damages. Article L. 217-12: The action resulting from lack of conformity lapses two years after delivery of the goods.
1/ When acting as a legal guarantee of conformity, the Customer: - Benefits from a period of two years from the delivery of the good to act; - Can choose between repair or replacement of the good, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code; - Is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following delivery of the good, except for second-hand goods.
2/ The Customer may decide to implement the guarantee for latent defects in the item sold within the meaning of article 1641 of the French Civil Code. In this case, it can choose between the rescission of the sale or a reduction of the sales price in accordance with article 1644 of the French Civil Code, and must act within two years from the discovery of the defect. Products modified, repaired, integrated or added by the Customer are excluded from the guarantee. The guarantee does not cover apparent defects. The guarantee will not cover products damaged during transport or due to improper use by the Customer.
Article 8: Right of withdrawal
8.1 In accordance with article L.221-5 and articles L.221-18 et seq. of the French Consumer Code, the Customer is informed that it has a period of 14 (fourteen) clear days to withdraw, without having to justify its decision, upon receipt of the Product ordered on the Website. In accordance with Article L.221-19 of the French Consumer Code: the day of receipt of the Product is not counted within the period of 14 (fourteen) days; the period begins to run at the beginning from the first hour of the first day and ends at the end of the last hour of the last day of the period; if the deadline expires on a Saturday, Sunday or a public holiday, it is extended until the next working day. After this period, no withdrawal request will be processed by YOLAINE PARIS.
8.2 The Customer who exercises its right of withdrawal must request the withdrawal form from the following address: email@example.com The Customer may also decide to inform YOLAINE PARIS of his decision to withdraw by sending a declaration, unambiguous, expressing its desire to withdraw, by mail to the following address: YOLAINE PARIS - 10, rue du Faubourg Montmartre 75009 PARIS or by email at firstname.lastname@example.org. The content of the notification of withdrawal could be as follows: "To the attention of YOLAINE PARIS - 10 rue du Faubourg Montmartre - 75009 Paris, email@example.com: I hereby notify you of my withdrawal from the contract regarding the purchase of the Product [to be completed] ordered on [to be completed] on the yolaine- paris.com website received on [to be completed], in the name of [to be completed], at the address [to be completed]. Date and signature”.
8.3 If the Customer exercises its right of withdrawal, the Products must be returned in their original packaging and packaging. Any incomplete, damaged, ruined Product and/or of the packaging will have been damaged will not be taken back, exchanged nor reimbursed. The Products must be returned to YOLAINE PARIS at the address: YOLAINE 5191m - 1ere avenue zi de carros 06510 CARROS. In accordance with Article L. 221-23 of the French Consumer Code, the return costs will remain the responsibility of the Customer or the recipient of the Order if it is the latter who exercises the right of withdrawal.
8.4 In accordance with Article L. 221-28 of the French Consumer Code, the Customer is informed that the right of withdrawal cannot be exercised on orders relating in particular to: The supply of goods which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection; The supply of goods made to the consumer's specifications or clearly personalised.
Returns outside France are possible, at the customer's expense; the return address is then YOLAINE 5191m - 1ere avenue zi de carros 06510 CARROS.
8.5 If the Products may be subject to the right of withdrawal, YOLAINE PARIS will reimburse the Customer for all sums paid, including delivery costs where applicable, without undue delay and at the latest within 14 (fourteen) clear days from the date on which it is informed of the Customer's decision to withdraw. Notwithstanding the foregoing, and in accordance with the provisions of article L.221-24 of the French Consumer Code, YOLAINE PARIS may defer reimbursement until recovery of the Product concerned or until the Customer sends it proof of shipment of the Product concerned, the date selected being that of the first of these events. The reimbursement will be made by crediting the amount debited to the account corresponding to the Customer's bank card. In the event of late reimbursement, the amounts due are automatically increased under the conditions provided for in Articles L.242-1 et seq. Of the Consumer Code.
Article 9: Limitation of liability
9.1 YOLAINE PARIS declines all responsibility for damages of any kind, resulting in particular from the use of the Products, notably damage to the reputation and image of the Customer, or loss of data that may occur due to the use of the Website. In the event that the liability of YOLAINE PARIS should be established and retained due to damage suffered by the Customer and exclusively as a result of the behaviour of YOLAINE PARIS, this liability is limited to the amount of the Order paid by the Customer to YOLAINE PARIS.
9.2 The User acknowledges that its use of the Website is at its own risk. The Website is provided to it "as is" and is accessible without any guarantee of availability and regularity. YOLAINE PARIS will make its best efforts to make the Website accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of YOLAINE PARIS and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the network or malicious acts or any damage to the hardware or software of YOLAINE PARIS.
9.3 YOLAINE PARIS can in no way be held responsible for an interruption of all or part of the Website, whatever the cause, duration or frequency of such interruption.
9.4 The Website holds the necessary technology to date for its access and use; the presence of any viruses or other harmful elements, introduced by any means or by any third party, which may produce alterations in the computer systems of the User cannot be excluded. YOLAINE PARIS makes no warranty, either express or implied, as to the operation of the Website, in particular any technical problem that may arise. YOLAINE PARIS reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Website, the services or content offered, such as the right to eliminate, limit, suspend or prohibit access, temporarily or permanently.
9.5 The responsibility of YOLAINE PARIS under the obligations of these GTCS cannot be engaged in the event of the non-performance of its obligations being attributable: to the act of a third party even if it is foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by French courts and article 1218 of the French Civil Code, or any other event which was not reasonably under the exclusive control of YOLAINE PARIS. It is agreed that in the event that the liability of YOLAINE PARIS is called into question, regardless of the basis and/or the nature of the action, only direct damage is liable to give rise to compensation. Thus, any indirect, consequential and/or incidental damage, such as for example a commercial disturbance, loss of customers, etc., will not give rise to the right to compensation for the benefit of the User.
9.6 The Customer agrees to use the Products in strict accordance with the instructions for use provided. Therefore, YOLAINE PARIS cannot be held responsible in the event of improper use of the Products by the Customer or a third party. Article
10: Use of the Website / User Obligations
10.1 The User undertakes to comply with the laws in force in the context of the use of the Website. The User undertakes in particular not to make any discriminatory, racist, xenophobic, anti-Semitic comments, nor formulate insults, slurs or other violent or pornographic comments, nor to publish content contrary to public order or good customs, whether in particular on their Personal Account or on Orders placed online by Customers. The User is also prohibited from using the Website for promotional purposes.
10.2 The User agrees not to attempt to undermine the functioning of the Website or YOLAINE PARIS. YOLAINE PARIS cannot be held responsible for any incompatibility, malfunction or other technical problem between the use of the Website’s services and the User's IT equipment. The User is also solely responsible for protecting its IT equipment against any risk of contamination by viruses, attempted intrusion, etc.
10.3 In general, the User undertakes to behave in a fair manner with regards to YOLAINE PARIS.
10.4 By accepting these GTCS, the User guarantees that it has all the necessary authorisations to place an Order on the Website. Otherwise, the responsibility of YOLAINE PARIS can in no case be engaged in this respect.
10.5 When creating their Personal online Account on the Website, the User agrees to provide true, accurate, up- to-date and complete information about their identity. The User undertakes to immediately update, in the event of any modification, the data it communicated when creating its Personal Account. Users are reminded that article 226-4-1 of the French Penal Code punishes with one year's imprisonment and a fine of € 15,000 the usurpation of the identity of a third party or the use of one or more data of any kind making it possible to identify them in order to disturb their peace or that of others, or to undermine their honour or their consideration. The User who notices one or more facts constituting the crime of identity theft on the Website must immediately inform YOLAINE PARIS at the following address: firstname.lastname@example.org The User is solely responsible for the use made of its Personal Account as well as for the protection of its usernames and passwords. Any identity theft, loss, misappropriation or unauthorised use of the identifiers and/or Personal Account of a User and their consequences, are the sole responsibility of said User. In all the cases mentioned above, the User is required to notify YOLAINE PARIS, without delay, by electronic message, specifying its name, first names, postal code, city, date of birth, telephone, the electronic address used on its Personal Account and if possible its old password, at the following address: email@example.com, to allow YOLAINE PARIS to take measures to remedy the situation, and in particular to proceed with the cancellation and/or immediate updating of the username and/or the password concerned. The misuse of this signalling facility is likely to result in the liability of the person who abuses it.
10.6 The use of the Services offered by YOLAINE PARIS is prohibited for minors and persons who do not have the legal capacity to enter a contractual relationship, or who do not have the authorisation of a tutor or a curator. 10.7 In the event of knowledge of a manifestly unlawful act of a User and/or in the event of a violation of the provisions of these GTCS and/or of all legal or regulatory obligations, YOLAINE PARIS may, immediately, without notice or compensation, delete, suspend or postpone any Order concerned and/or suspend or terminate the User's Personal Account and refuse them access, temporarily or permanently, to all or part of the Website. YOLAINE PARIS reserves the right to prosecute before the competent legal authorities any use of the Website which does not comply with these GTCS.
Article 11: Intellectual property
Without this list being exhaustive, the brand "YOLAINE PARIS" as well as its derivatives, logos, graphic charter, layout, information, the presentation and contents of the Website, are the exclusive property of YOLAINE PARIS. The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) relating to the Website are also protected by all intellectual property rights or rights of database producers in force, of which YOLAINE PARIS is the sole holder or owner of the rights. All disassembly, decompilation, decryption, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of YOLAINE PARIS, are strictly prohibited and may be the subject of legal proceedings. Any reproduction or representation, in whole or in part, of the Website or of its components, such as brands, logos, graphic charter, layout, information, presentation and content of the Website, without this list being exhaustive, is prohibited. Registration on the Website does not imply any transfer of intellectual property rights for the benefit of the User. YOLAINE PARIS grants the User the right to access and consult the Website only, under the terms and conditions provided for in these GTCS.
Article 12: Miscellaneous provisions
12.1 Partial invalidity If one or more stipulations of these GTCS are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
12.2 Non-waiver The fact for one of the Parties not to invoke with the other Party a breach of any of the obligations referred to in the GTCS cannot be interpreted for the future as a waiver of the obligation in question.
12.3 Mediation In the event of a dispute relating to an Order, the Customer must first contact YOLAINE PARIS, in order to find an amicable solution, by email to the address firstname.lastname@example.org In the event that no amicable solution can be found, the Customer may appeal to the Paris Mediation and Arbitration Centre (CMAP) in the year following the Customer’s last approach to YOLAINE PARIS. For more information, the Customer can visit the Website accessible at the address: http://www.cmap.fr. Referral to the mediator can only take place after the Customer has taken prior written steps with YOLAINE PARIS. In addition, in accordance with article 14 of Regulation (EU) n°524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals from the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
12.4 Applicable law and jurisdiction
12.4.1 These GTCS are governed by French law, unless there is a mandatory provision to the contrary.
12.4.2 In the absence of an amicable outcome and notwithstanding the origin of the conflict, disputes relating to the execution or interpretation of these GTCS will be submitted to the competent courts, in accordance with the legal and regulatory provisions in force, and in particular Article R.631-3 of the French Consumer Code and Article 46 of the French Code of Civil Procedure. For all practical purposes, it is specified that the deadlines for taking legal action are not interrupted during the period during which an amicable solution is sought or mediation is requested