TERMS AND CONDITIONS OF SALE

  1. Purpose 2. Products – Prices 3. Submission and validation of the order 4. Payment 5. Delivery 6. Returns policy 7. Statutory warranties 8. Exchanges 9. Customer Service 10. Data privacy policy 11. Liability 12. Intellectual Property Rights 13. Duration 14. Miscellaneous 15. Applicable law – Jurisdiction

Introduction

 

The website www.lefranc-ferrant.fr (hereinafter, “Website”) is an e-commerce site accessible via the Internet to all Internet users. The site has been developed and managed by SARL LEFRANC-FERRANT (hereinafter ” LEFRANC-FERRANT “), a French stock company (SARL) with share capital of 400,000 euros, head office located at 4 allée verte – 75011 Paris – France,

 and registered with the Trade and Companies Registry of Paris under the number 56450822291.

 The Website enables LEFRANC-FERRANT to offer for sale luxury clothes and accessories (hereinafter the “Products”) for all Web Surfers who connect to the Website (hereinafter, the “User(s)”). For the purposes here of, LEFRANC-FERRANT and the User(s) are referred to collectively as the “Parties” and individually the “Party”, and any User who confirms an order is referred to as the “Buyer”. The rights and obligations of the User(s) necessarily apply to the Buyer(s).

Users/Buyers must be over the age of 18 years old and have full legal capacity.

The Products are intended for personal use by the User, and not directly intended for the latter’s professional use. 

Any Product ordered via the Website presupposes having read and expressly agreed these Terms and Conditions of Sale, but that acceptance is not conditioned by a handwritten signature from the User.

In accordance with articles 1316 to 1316-4 of the French Civil Code, as completed by Order No. 2001-272 dated 30 March 2001 for implementation of Article 1316-4 of the Civil Code where electronic signatures are concerned, confirming the order form as described in clause 3.3 below, constitutes an electronic signature which is binding between the Parties to the same extent as a manual signature and stands as proof that the entire order is legally valid, rendering all amounts in connection therewith due upon performance of said order.

These Terms and Conditions of Sale are available at any time on the Website and prevail on any other version or any other contradictory document.
Unless proved otherwise, the data recorded by LEFRANC-FERRANT constitute proof of all transactions.

Access to the Site is in the normal Internet connection. No extra cost of connection will be also charged to the User. These Terms and Conditions may be subject to modifications, the conditions applicable are those in effect on the date of execution of the order.

The User may save or print these Terms and Conditions of Sale, provided they are not modified in any way




1. Purpose

The purpose of these Terms and Conditions of Sale is to set out the rights and obligations of both Parties, exclusively because of the relationships they initiate on the Internet, with respect to any and all online sales of Products offered on the Website.

 They apply to all the steps necessary to place the order and ensure the follow-up of such order as contracted between the Parties.
This document is the sole document applicable to the relationship between the Parties ; it cancels and supercedes any other document.

2. Products – Prices

2.1 Products

The Products offered for sale by LEFRANC-FERRANT are those featured on the Website, on the date when the User consults the Website and insofar as the Products are available in stock.

 Should any Product be out of stock, the Buyer will be informed as quickly as possible.

If a product is unavailable after an order has been placed, because of a delivery problem by LEFRANC-FERRANT’s suppliers or a stock gap, the Buyer will be informed by email as soon as the information communicated by the supplier or the logistics department is received. The cancellation of the unavailable product and its refund will then be processed, the rest of the order remaining firm and final.

2.2. Information about Products

For each Product sold on the Website, LEFRANC-FERRANT provides a description to present its essential characteristics, within the information provided by its suppliers. LEFRANC-FERRANT undertakes to provide the User maximum information enabling him/her to know the Product before ordering it.

If, despite all the care taken in drafting these descriptions, errors or omissions appear, the liability of LEFRANC-FERRANT could not be engaged.
Descriptions of the Products and photographs are only indicative and non-contractual. In particular, under the effect of Internet browser used and the resolution of the display of the User, the colors shown on the photographs of the Products posted on the Website may not be exactly faithful to the true color of the Products.

If the User finds any errors or omissions in the descriptions of the Products, he or she can contact and inform LEFRANC-FERRANT Customer Service (customerservice@montaignemarket.com) about this. LEFRANC-FERRANT then will proceed promptly to correct such errors or omissions.

2.3. Prices

Prices are posted in euros (€). They include any reductions and French VAT, applicable on the order date.

The prices posted on the Website are guaranteed on the date of order and for articles available in stock, reserve made for significant changes and, in particular, VAT, manifest printing error or omission.

Prices do not include delivery expenses which are billed in addition, the User being informed thereof upon final confirmation of the order.
 LEFRANC-FERRANT reserves the right, and the User accepts, to change the price at any time. However, the Products will be billed based on prices in force when the order is placed, provided that said Products are available in stock. Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and will give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled and you will receive a full refund. If you can, you will receive a full refund.

3. Submission and validation of the order

3.1 On-Site Navigation

The User can view the various Products offered for sale by LEFRANC-FERRANT on the Website.
The User may navigate freely on the pages of the Website with no commitment to purchase via an order.

3.2. Registration and password

Registration is necessary and mandatory to place an order. 

This registration takes place in two stages: 

Firstly, the User opens an account by indicating his email address and password in the “Register» section (which is available on top and left side of the Website’s homepage). LEFRANC-FERRANT then sends an email to the User informing him/her of the successful creation of his personal account and invites him/her to click the confirmation link to activate his personal account. 

Secondly, after his personal account is activated, the User can access to it by indicating his email address and password in the “Sign-in” section (which is available on top and left side of the Website’s homepage). Then the User accesses to a form that he/she must fill out accurately, with all information necessary to identification, mainly his/her name, first name, phone number and mailing address. 

 LEFRANC-FERRANT guarantees the confidentiality of data transmitted after the entering of the password to access the User’s personal account. The User is responsible for the use of his password. The User ensures its conservation and its confidentiality. If the User loses that password, he/she should contact LEFRANC-FERRANT as soon as possible so that a new password can be assigned.

In case of forgotten password, the User can get a new one by clicking on the link “Lost password?” displayed in the “Sign-in” section. A form for creating a new password will be sent to him/her by email. 

During the account creation process, the User will be able to authorize LEFRANC-FERRANT to email him/her sales invitations as well as newsletters from LEFRANC-FERRANT’s team.

3.3. Order submission

The User places his/her order through an Internet connection which enables him/her to navigate on the Website. For an order to be accepted, it will have to include all the information necessary for its processing. Moreover, each order signifies acceptation of the General Sales Terms and Conditions, the prices and the descriptions of the products available for sale.

It is not possible to place an order from a country not included in the list of destination countries authorized by LEFRANC-FERRANT.

 If the User wishes to place, he/she chooses the desired Products and signals his or her interest by clicking on “Add to cart”.

At any time, the User will be able to:

- obtain the list of Products selected by clicking on the shopping bag,
- continue the selection of Products by clicking on “Continue shopping”,
- finish the shopping for Products and order those selected by clicking on “Proceed to payment”. 

To order the selected Products, after clicking on ” Proceed to payment “, the User must identify him/ herself by entering his/her email address and password chosen when opening the personal account; or, if this is a first order, after filling out the form in “Register” (which is available on top / left side of the Website’s homepage).

The User is hereby informed of and consequently accepts the fact that entering these two identification marks is valid as proof of his/her identity and consent.

Once the User is identified, the delivery address must be confirmed, then an order form will appear onscreen, restating: the nature, quantity and prices of the User’s chosen Products, as well as the total amount of the order, postages charges, the User’s personal information and the address for delivering the Products. 

 LEFRANC-FERRANT can not gather several orders not shipped.

3.4. Final order validation

After reviewing the order, and once all requested information is provided by the User, a summary of such information and the order will appear. At this point the User has to click on “Payment” in order to confirm the order definitively, then he/she proceeds to the secure payment site by clicking on Paypal.

 At no time are the User’s banking data transmitted to the LEFRANC-FERRANT information systems. As a consequence, LEFRANC-FERRANT is free from any and all liability in that respect.

The User can save his/her banking data so he/she does not have to enter them for each order.
As soon as payment is validated, the order is placed and becomes irrevocable. The User thus becomes a Buyer. The order form will be registered in the LEFRANC-FERRANT information archives and kept in a reliable and sustained support system, serving as evidence of the contractual relationship between the two Parties.

3.5 Order confirmation

After validating his/her payment by Paypal, a recap of the order of the Buyer will be sent by email, when the order slip is received, to the email address he/she provided at the time of the order. This confirmation will include all the elements that constitute the contract generated between the Parties, as well as an estimated of the shipping date. 

LEFRANC-FERRANT recommends that the Buyer keeps or prints the order confirmation email. However, the documents archived in LEFRANC-FERRANT computer system will be considered as legal proof. A recap of the order will also be displayed in the client account.

When you place an order, you will receive an acknowlegment e-mail confirming receipt of your order. This e-mail will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

4. Payment

4.1. Order amount

The amount owed by the Buyer is indicated before order validation by the User, as well as on the order confirmation emailed by LEFRANC-FERRANT to the Buyer.

4.2. Payment methods

Payment is made immediately via Paypal.

4.3. Payment confirmation

The order will be considered valid after confirmation of the banking payment agreement. In case of payment denial by the bank, the order will automatically be cancelled. 

However, LEFRANC-FERRANT reserves the right to refuse any and all orders or deliveries in the event of i) ongoing dispute with the Buyer, ii) Buyer’s total or partial non-payment of a previous order, iii) credit or bank card company’s refusal to authorize payment, iv) non-payment or partial payment. In all these cases, LEFRANC-FERRANT cannot be held liable in any manner.

4.4 Payment timeline

When the Buyer pays with a debit card, the bank account of the Buyer will be debited within 2 to 5 days after submitting the order. This timeline may vary depending on the banking institution.

 For a credit card, the amount of the order will be debited from the bank account of the Buyer in the same conditions as any other debit.

5. Delivery

5.1. Dispatch dates

At the time of ordering the dispatch date will be within 24h and 48h. Dispatch dates are an estimate only and LEFRANC-FERRANT will not be held liable in any way for the late delivery of goods.

Practically, the orders are dispatched from Montaigne Market Paris, France, Monday to Friday from 10am to 17h (CET). Orders placed on Friday evening, Saturday and Sunday are processed on Monday morning.

5.2. Traceability

Following the dispatch of the order, the Buyer will receive an email specifying the tracking number of the parcel. The buyer can then follow the traceability of the parcel by clicking on the link provided for this purpose. Products are shipped to the shipping address provided by the Buyer in its account. If the Buyer has registered multiple shipping addresses in his account, he may select one before finalizing the order and proceed with its rules. LEFRANC-FERRANT is not able to deliver to PO Box numbers.

 LEFRANC-FERRANT disclaims any liability for late delivery due to excessive or postal carriers in general, and in case of loss of Products during transportation.

5.3. Delivery times and shipping methods

LEFRANC-FERRANT offers several shipping methods depending of the delivery address: 

- Colissimo (Tracked Colissimo): For delivery in France (including DOM-TOM) by parcel with a tracking number (see section 5.2 above).
- FedEx: For delivery in Europe and internationally (America and Rest of World), by parcel with a tracking number (see section 5.2 above). 

Parcels are usually shipped within 2 working days in France (Colissimo) and 5 working days in Europe and internationally (Fedex), following the date of shipment. 

If the Buyer is not present during the presentation of the parcel to the delivery address, a form is placed by the Carrier in the letterbox of the recipient to say that the parcel is awaiting dispatch. If the parcel is delivered by Colissimo, the Buyer provided with proper identification, must go at the post office indicated on the form, within two (2) weeks, to collect its parcel. In case of delivery by FedEx, the Buyer must contact FedEx to arrange a new appointment because the parcel must be delivered by hand.

Upon delivery of the Product, the Buyer must unpack the Product in presence of the Carrier. It must then verify the conformity of the goods delivered in the presence of the carrier before signing the delivery. If there is an anomaly concerning the delivery (damaged packaging, missing items, damaged or broken items), the Buyer shall state its reserves as detailed handwritten comments dated, explicit and accompanied by his signature on the delivery co- signed by the Carrier. 

Then the buyer must refuse the package. It must then submit its claims to LEFRANC-FERRANT same day delivery by the site’s contact form available in their customer account. 

Any claim made outside this period may be rejected without recourse for the buyer. The absence of complaints and lack of reservations on the part of Buyer means that the product delivered is deemed satisfactory and can no longer be a subsequent challenge.

In the event the Buyer has not been able to get his package, it will be returned to the warehouses LEFRANC-FERRANT. LEFRANC-FERRANT then propose it to the Buyer reship the order again after paying new shipping fees. If the Buyer doen’t want to be reshiped, he will be refund only the product price but not the shipping fees (sending and return).

5.4. Lost parcel

If, within 5 working days after the application of shipping his order, the Buyer has not received his parcel (or a notice of passage, or an accurate information via the online tracking of the parcel), it must return to his post office (for Colissimo), or contact FedEx in case of delivery by this carrier, with the tracking number available in its client account and in the confirmation email that was sent during the development of the shipping parcel.
If the Carrier has no trace of the parcel, the Buyer must contact as soon as LEFRANC-FERRANT’s Customer Service.

 LEFRANC-FERRANT’s Customer Service will open an investigation with the carrier. The Buyer will receive an email explaining that an investigation was initiated and that the response times vary between 10 and 30 days after the initiation of this investigation. If the parcel is found, it will be immediately returned to the Buyer. If the parcel is deemed lost, LEFRANC-FERRANT will refund the total amount of the order.

5.5. Customs duties

All orders placed through the Website for delivery outside France may be subject to taxes and customs duties at the destination point. Such customs duties and taxes due on delivery of a Product are borne by the Buyer, who assumes the payment obligation. LEFRANC-FERRANT is not obligated to verify and inform the Buyer of any applicable customs duties or taxes. The Buyer should check with competent authorities of his country to know what customs duties or taxes are applicable.

5.6. Shipping costs

Destination Service Cost Delivery time France Colissimo 20 € 1-2 working days Europe Fedex – Colissimo 40 € 5-7 working days Americas Fedex – Colissimo 50 € 7-10 working days Rest of the World Fedex – Colissimo 50 € 7-10 working days

5.7. Defective Products

If, despite the care taken by LEFRANC-FERRANT at the time of picking, one of the products delivered prove defective, the buyer will have a period of seven (7) days from the day of delivery to return, at his or her expense, the defective product for exchange or reimbursement. In order to process this claim as quickly as possible, any defects must be notified to the LEFRANC-FERRANT’s Customer Service which will then give to the Buyer a return authorization.

The parcel with the Return Authorization Email must be returned, postage paid, to the address provided by LEFRANC-FERRANT’s Customer Service.

 Any claims made after seven days will be rejected and LEFRANC-FERRANT will be relieved of all responsibility. If the above conditions are met, LEFRANC-FERRANT will then exchange or reimburse the Buyer for defective Product(s) and postage charges, within thirty (30) days from the date of reception of the parcel by LEFRANC-FERRANT.

6. Returns policy

“Satisfied or Money Back”
 The Buyer has a period of fourteen (14) business days to exercise his or her right to return purchased products, from the date on which he or she received them from LEFRANC-FERRANT.

 In this 14-days period, the Buyer must contact LEFRANC-FERRANT’s Customer Service to obtain a Return Authorization (E-mail).

The Buyer shall then have a further period of seven (7) business days to return, at his or her expense, the Product(s) ordered if, for one reason or another, he or she is not satisfied with them. This 7-days period starts from the date of obtaining the Return Authorization (E-mail) previously cited.
Product(s) must be returned in their packaging and packing of origin to the address provided by LEFRANC-FERRANT’s Customer Service. Products must be returned in new condition and suitable for resale:

• the Products have not been used, worn, washed, ironed, soiled, modified or damaged;

if the occasion arises, the security and identification Tag is still attached to the Products (This is a light gray plastic Tag attached by a blue ribbon only on Products like articles of clothing. This Tag is stamped “ LEFRANC-FERRANT ” on the front and has an identification number on the back. In case of withdrawal, this Tag can not be tied back to the product concerned).the products are returned in their original packaging;

* Products must be accompanied by all their accessories and by the Return Authorization Number provided by LEFRANC-FERRANT.

The costs and risks associated with returning product are the responsibility of the Buyer. If the product is lost by the carrier during the shipment, the Buyer shall be solely responsible and will not be reimbursed by LEFRANC-FERRANT. 

If products are returned incomplete, damaged, soiled or otherwise unfit for resale, LEFRANC-FERRANT may refuse a refund on products returned, or may apply a discount to the redemption amount.

Any parcel returned to the address provided by LEFRANC-FERRANT’s Customer Service, which will not contain elements allowing to identify the Buyer, particularly the Return Authorization Number, can never be repaid. No claim by the Buyer shall be accepted.

If the above conditions are met, LEFRANC-FERRANT will reimburse the sums paid by Buyer, fourteen (14) days from the date of reception of the parcel by LEFRANC-FERRANT, excluding shipping and costs of returning the Products which remain the responsibility of the Buyer.

 The costs and risks associated with the return of the products are the responsability of the Buyer. Therefore, the Buyer must preserve all evidence of this return. LEFRANC-FERRANT recommends that the Buyer returns the Products by registered mail or Colissimo for France and only by Fedex for all other countries (Europe and International). 

If your order has been sent to a destination outside the European Union, please mention the reason of this return is non conformity or the expenses of return and insurance will be with your load and will be deducted from the total amount of your refund.



7. Exchanges

The Buyer may request an exchange of all or part of the Products of the order, within a maximum of fourteen (14) days. This exchange may consist of either i) an exchange of size, subject to availability of Products on the date of the Buyer’s request. 

A request for exchange of model or color will not be accepted.

For an exchange, the Buyer shall follow the same procedure as for a Return.

The conditions for return of products within an exchange are the same as those required for a simple Return (see Section 6).
After receiving the request for exchange and the Products to be exchanged, delays in shipment of replacement Products are identical to a conventional shipping on orders (see section 5).

All store credits issued after a refund must be used within 3 months of purchase.



8. Statutory warranties

In accordance with the French laws in force, all Products are subject to a guarantee of conformity (Articles L.211-4 and following of the French Consumer Code) and a guarantee against hidden defects (Articles 1641 and following of the French Civil Code).

In accordance with the provisions of Ordinance No. 2005-136 of 17 February 2005, the aforementioned articles of the French Civil Code and sections of the French Consumer Code relating to the security of consumer goods are contained within these Terms and Conditions of Sale:

“L.211-4 Article of the French Consumer Code: 
The salesman is held to deliver a good in conformity with the contract and answers to the defects of conformity existing at the time of the delivery. He also answers to the defects of conformity resulting from packing, the instructions of assembly or the installation when this one was put at his charges by the contract or was carried out under its responsibility.”
“L.211-5 Article of the French Consumer Code:
To be in conformity with the contract, the good must:
1° To be well with the usually awaited use of a similar good and, if the occasion arises : 
- to correspond to the description given by the salesman and to have qualities that the latter has presented to the purchaser in the form of sample or of a model; .
- to have qualities that a purchaser can legitimately wait in regard with the public statements made by the salesman, by the producer or his representative, in particular in publicity or labelling;
2° Or to present the characteristics defined by a mutual agreement by the parties or to be well with any special use sought by the purchaser, acknowledged of the salesman and that the latter has accepted.” 
”L.211-12 Article of the French Consumer Code:
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.” 
”Article 1641 of the French Civil code: 
The salesman is held of the guarantee at a rate of the hidden defects of the sold good which make it unsuitable for use for which one intends it, or which decreases so much this use, that purchaser would not have acquired it, or would have given only less price of them, if he had known.” 
”Article 1648 of the French Civil code: 
The proceedings resulting from the redhibitory defects must be brought by the purchaser within two year as from the discovery of vice.”

9. Customer Service

MONTAIGNE MARKET’s Customer Service is available Monday to Saturday between 10am and 7pm (CET) at the following number: +33 (0)1 42 56 58 58 or via email to the following address: customerservice@montaignemarket.com
Address:

MONTAIGNE MARKET “Customer Service”
57, avenue Montaigne – 75008 PARIS – FRANCE

10. Data privacy policy

10.1. Personal Data

The personal data concerning Users gathered for online sales is necessary for processing orders and delivery, as well as invoicing. Such information is strictly confidential and is not disclosed to third parties except to LEFRANC-FERRANT subsidiaries. Any missing information will entail the automatic refusal of the order. 

Pursuant to the Act 78-17 dated 6 January 1978 (amended by Law of 6 August 2004) on data processing, files and individual liberties, the processing of personal data collected on the Website has been the object of a declaration to the French CNIL (Commission Nationale de l’Informatique et des Libertés, or National Committee on Computerization and Individual Freedoms) under the n°1434552.

The User has a right to access, modify, correct and delete data concerning him/her. To exercise this right, the User must send a mail to LEFRANC-FERRANT’s Customer Service MONTAIGNE MARKET at the following address: SAS MONTAIGNE MARKET, 57, avenue Montaigne – 75008 PARIS – France or send an email to: contact@montaignemarket.com. Finally, LEFRANC-FERRANT may have to communicate personal information to its commercial partners. This way the User may receive commercial offers from third parties. In that regard, it is specified that the User’s postal address may be communicated to LEFRANC-FERRANT’s commercial partners unless he/she specifically refuses. However, his/her email address will only be communicated to these partners with the specific agreement of the User. The User obviously retains the right to refuse such communication, either by not providing his/her consent during the registration process or the validation of an order, or by stating his/her refusal afterwards by postal mail, as per the paragraph above.

10.2. Cookies

Only “session” cookies are used on the LEFRANC-FERRANT Website. Such cookies enable the site to keep only data of a temporary nature from the current session (articles selected, time spent on the site, etc). This information is in no manner associated with an individual User’s name and is not saved from one session to the next.

11. Liability

The liability of LEFRANC-FERRANT is strictly limited to the amount of Buyer’s order.

 LEFRANC-FERRANT can not be held liable for any inconvenience or damage arising from the use of a computer, a computer network or the Internet. 
In particular, LEFRANC-FERRANT can not be held liable for breach of service, external intrusion or presence of a computer virus. For all stages of access to the Website, including consultation, fill form, ordering, payment and any other service available on the Website, LEFRANC-FERRANT only has an obligation of means.

 LEFRANC-FERRANT is not responsible for any damage, intangible or tangible caused by the malfunction or misuse of any Product purchased on the Website. 

It is the User to check with local authorities regarding the specific taxes, declarations, prohibitions, opportunities to import or use of products ordered. LEFRANC-FERRANT is not responsible for the non compliance of the Products with the law of the country where the Products are delivered.

12. Intellectual Property Rights

All elements of the Website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of LEFRANC-FERRANT.

The Company’s brand LEFRANC-FERRANT and its partners brands, and logos appearing on the Website are registered trademarks.
Any total or partial reproduction of these trademarks or logos without the express permission of LEFRANC-FERRANT is therefore prohibited under Article L.713-2 of the French Code of Intellectual Property. 

Any User or visitor to the Website may not establish a hyperlink to it without the express consent of LEFRANC-FERRANT. LEFRANC-FERRANT can not be responsible for access by the User via the links established through the Website to other resources on the Internet.

13. Duration

These Terms and Conditions of Sale apply throughout the duration of on-line Products offered by LEFRANC-FERRANT.

14. Miscellaneous

In the event of total or partial non-performance by LEFRANC-FERRANT of any one of its obligations hereunder, LEFRANC-FERRANT shall incur no liability in connection therewith if such non-performance is due to a force majeure event, in particular without limitation in cases of labor unrest or total strike of postal services or shipping and/or communications companies, floods, fires, and generally any event beyond its control.

The Parties agree that they should consult each other as soon as possible in order to determine on a mutual basis how the order should be carried out during the force majeure event.

Should the force majeure event interrupt services for longer than one (1) month, LEFRANC-FERRANT is entitled not fill the order, with the obligation of reimbursing the Buyer, if applicable, within thirty (30) days.

14.1. Partial invalidity

Should one or several provisions contained in these Terms and Conditions of Sale be deemed or declared invalid pursuant to any law or regulation or by virtue of a final judgment issued by a competent court, all other provisions shall remain in full force and effect.

14.2. Entirety of agreement

These Terms and Conditions of Sale and the order summary sent to the Buyer together constitute the entire agreement between the parties hereto as regards the subject matter hereof. In the event of any contradiction between those documents, the Terms and Conditions of Sale shall prevail.

14.3 Force majeure

In the event of total or partial non-performance by LEFRANC-FERRANT of any one of its obligations hereunder, LEFRANC-FERRANT shall incur no liability in connection therewith if such non-performance is due to a force majeure event, in particular without limitation in cases of labor unrest or total strike of postal services or shipping and/or communications companies, floods, fires, and generally any event beyond its control.
The Parties agree that they should consult each other as soon as possible in order to determine on a mutual basis how the order should be carried out during the force majeure event.

Should the force majeure event interrupt services for longer than one (1) month, LEFRANC-FERRANT is entitled not fill the order, with the obligation of reimbursing the Buyer, if applicable, within thirty (30) days.

15. Applicable law – Jurisdiction

These Terms and Conditions of Sale and the contractual relationship between LEFRANC-FERRANT and the Buyer are governed by the laws of France. In the event of dispute, the Parties shall attempt to settle on an amicable basis prior to bringing any legal action.
Any disputes shall be subject to the exclusive jurisdiction of competent courts of Paris, to which both Parties submit.