Please note that this page has been translated to ensure easy access to the information it contains. Only the French version is legally binding. 

Terms and Conditions of Sale

SARL Marchmain

The present General Conditions are those of Marchmain, a limited liability company with a capital of €6,000, whose registered office is located at 50, boulevard de la Tour Maubourg in Paris (75007), registered in the Paris Trade and Companies Register under number 818210387, whose intra-community VAT number is: FR01818210387

hereinafter referred to as the “Tailor“.

Contact details of the Tailor :

The Tailor’s contact details are as follows:

Telephone number: 06 14 90 17 45;

E-mail: [email protected] ;

Customer Service: 50, boulevard de la Tour Maubourg 75007 Paris

IMPORTANT

These GTCS apply only to Orders placed electronically with the Tailor as identified above on its online shop accessible via the Site.

The Tailor may modify its GTC at any time. The applicable T&Cs are those that appear on the Web Site at the time of the Order. Any Order placed by the Buyer on the Site implies full and unconditional acceptance of these GTC.

Last modification: 19 September 2022

Only these GTCS govern the contractual relationship between the Tailor and the Buyer, to the exclusion of any other contractual document.

1. Definitions

Each term beginning with a capital letter and used in the singular or plural in this contract and any appendices shall have the meaning indicated in the definition given in this article, identical terms used without a capital letter being considered in their usual sense.

Buyer” or “Customer” means any User who orders or has ordered a Product on the Site, excluding any professional as stipulated above.

Order” means an order placed by the Client on the Web Site for the delivery of one or more Products by the Tailor.

Client Account” refers to the space on the Web Site where the Client can, once identified by his/her Identifiers, fill in his/her identity information (name, first name, e-mail address, address) and obtain information about his/her past and current Orders.

General Sales Conditions” or “GSC” or “GTC” or “GTCS” refers to the present contractual document as well as any annexes.

Product Page” refers to the space on the Web Site where a User can access information about a Product and place an Order.

Identifiers” refers to the e-mail address and password provided by the Customer when registering on the Web Site. The Login Information must be kept confidential by the Customer. In particular, they allow the Client to access his/her Client Account.

Parties” refers to both the Tailor and the Buyer.

Product” refers to a good listed on the Site and that the Tailor offers for sale.

Site” refers to the website https://scavini.fr which allows the Tailor to sell its Products.

Tailor” refers to the Party identified in the preamble.

Territory” refers to the geographical territory in which the Tailor undertakes to make his Products available. This territory is determined in the article Territory.

User” refers to any consumer browsing the Site, in accordance with the French Consumer Code.

2. Purpose and Scope of Application

The purpose of the General Terms and Conditions of Sale is to define the contractual terms and conditions applicable to the sale of Products by the Tailor when such Products are ordered through the Web Site by the Client.

These GTCS apply only to orders placed electronically on the Web Site by any natural person of legal age, acting as a consumer within the meaning of the first article of the French Consumer Code, this condition being an essential quality of the Client.

These General Conditions of Sale are therefore not applicable to professionals within the meaning of the preliminary article of the Consumer Code.

Consequently, in the event that a professional nevertheless places an order on the Site, the Tailor shall be entitled to refuse the order or to claim the nullity of the contract on the grounds of an error in the essential quality of the contracting party.

3. Territory

The Tailor undertakes to perform his obligations arising from an Order throughout the world.

4. Pre-contractual information

The Tailor’s Products sales catalogue is available on the Web Site.

The Tailor provides the Customer with clear and legible information about its Products on each Product Sheet, in particular:

-the nature and characteristics of the Product

-details of the materials used in the Products and their origin

-the elements used to determine the price of the Products

-the terms and conditions of payment.

The Customer may contact the Tailor in writing or by telephone at the address mentioned at the beginning of these General Conditions of Sale, to ask for any additional information about the Products.

When the Customer contacts the Tailor in writing, the Tailor undertakes to respond in writing to the Customer’s requests within the time limits and in the manner described in the article “Customer Service”.

Before placing an Order, the Client acknowledges having read all the written information on the Product Sheet.

Consequently, only the written information provided by the Tailor on the Product Sheet shall be taken into account by the Client.

The Client undertakes to provide accurate and complete information concerning him or any third party on whose behalf the Client places an Order, in particular the data necessary for identification.

5. Product availability

The availability of the Products offered by the Tailor is displayed on the Product Sheets.

The Order of a Product is possible within the limits of the availability of the Tailor’s stock.

The Tailor undertakes to do his best to ensure that the availability of Products displayed is real (Products actually present in his stock).

However, the Tailor draws the attention of the Customer to the fact that, in rare cases, a Product indicated as available and ordered by the Customer may not be available (e.g. simultaneous sale to another Buyer on the Web Site, or sale made prior to the Customer’s Order in the Tailor’s physical boutique).

In such a case, the Tailor will contact the Client to find out if the latter wishes to :

– either cancel the Order for the Product concerned ;

– wait for the Product to be restocked by the Tailor, subject to the possibility of further availability from the Tailor and acceptance of the delivery time proposed by the Tailor.

In any case, the Tailor will not charge the Customer for a Product as long as it is unavailable.

6. Gift cards

The Tailor offers gift cards on its Website that can be used to pay for an Order in accordance with the terms and conditions set out in articles 8 to 10 of these GTC.

To use the gift card, the Buyer enters the code indicated on the card when placing the Order. Gift cards can only be used on the Tailor’s website.

If the amount of the gift card is less than the price of the Order, the Buyer shall pay the remaining amount due by another means of payment, in accordance with the terms and conditions set out in Article 10 of these GTC.

If the amount of the gift card is greater than the price of the Order, the Buyer shall retain the remaining balance, which may be used for a future Order subject to the provisions of this article.

The gift card is valid for 12 months from the date of purchase on the Website.

7. Reservation of ownership

The Products shall remain the property of the Tailor until full payment of the price by the Customer.

8. Information on prices and applicable fees

The prices displayed on the Site are expressed in Euros and include applicable taxes (French VAT where applicable).

The Order of a Product may include delivery charges (including but not limited to shipping charges or customs duties) which will be summarised at the time of placing the Order, as well as in the Order confirmation sent to the Client.

9. Terms and Conditions of the Order

9.1. Choice of Products

To add an item to the shopping basket, the Customer must :

– access the Product Sheet presenting the subject of the Order;

– check that the item is suitable for his/her needs, based on the characteristics detailed on the Product Sheet

– check that the Product is available.

When the item is available, the Customer must click on the button allowing him/her to add the item to his/her shopping basket.

9.2. Placing an Order

To place an Order on the Site

– the Customer must access his/her shopping basket;

– To validate the Order, the Customer must click on the first button to validate the Order (first click).

To proceed with the validation of the Order, the Customer must first log in to his/her Customer Account:

– if they already have a Customer Account, the Customer must identify themselves by means of their Identifiers;

– if they do not have a Customer Account, the Customer must create one by following the registration procedure provided by the Website.

The Customer must then check the details of their Order which are displayed in their shopping basket, the quantities, prices, any applicable charges and terms and conditions.

The Customer must also choose their method of payment and, if applicable, fill in any additional information relating to this method of payment.

To confirm their Order, the Customer must validate it again, by :

– ticking a box certifying their acceptance of these GTC;

– clicking again (second click) on an Order validation button reminding them that their Order entails a payment obligation.

9.3. Processing the Order

Once the Order has been validated by the Client, the Client will receive an e-mail confirming receipt of the Order.

However, the Tailor reserves the right not to process the Order for any legitimate reason, in particular

– when the Client is outside the scope of this Agreement, as defined in the article “Purpose and Scope”;

– when the Customer has not paid the full price of the Order or when the payment has been rejected by the organisation managing the Customer’s payment method;

– when the item ordered is not or is no longer available, in accordance with the article “Product Availability” of these GTC;

– when, for an extrinsic reason, the Tailor is unable to access his premises or to use his production/manufacturing equipment;

– when, at the time of processing the Order, the Tailor becomes aware of a material error between the displayed price and the actual price, in accordance with the article “Error on prices” of these GTC, or of a material error on the displayed price which makes the price derisory in the sense of article 1169 of the Civil Code.

10.payment

The Client undertakes to pay the price of any Order placed with the Tailor.

Any failure to pay shall entitle the Tailor to claim breach of contract and to terminate the contract in accordance with the provisions of the article “Termination”.

10.1 Payment methods

The client may pay for the Sales Order using any of the following methods of payment available on the Web Site

– credit card ;

– gift card

– Paypal.

10.2 Terms of payment

Payment of the Order will be required in Euro.

10.3 Invoice

Once payment has been made, the Customer will receive an invoice made out in his name detailing his Order.

The Customer agrees to receive invoices in electronic format, by sending an e-mail and/or making them available on the Customer’s Account.

11. price error

In the event of a material error between the price displayed on the Web Site and the actual price charged by the Tailor, the Tailor may contact the Client after the confirmation of the Order, and in any case before any actual payment of the Order price, in order to :

– if the actual price is lower than the price displayed on the Web Site: inform the Client that the price to be paid is actually lower and that the Client will be charged the lower price;

– in the event that the actual price is higher than the price displayed on the Site: inform the Customer that the price to be paid is actually higher and ask the Customer whether he/she agrees to pay this actual price or whether he/she prefers to cancel his/her Order partially or totally.

In any case, if the material error on the price of an Order makes its price derisory, the Tailor may demand the cancellation of the Order concerned.

12 Delivery of the Order

12.1 Time limits

The Tailor shall perform his obligation on the date or within the period indicated to the Client at the time the Order was placed.

Unless otherwise expressly agreed by the Tailor, delivery times shall run from the time the Order is validated and subject to the acceptance of payment for the Order (e.g. receipt of payment, or bank authorisation).

In the absence of any indication or agreement between the Tailor and the Buyer as to the date of delivery or performance, the Tailor shall deliver the Product without any justified delay and at the latest thirty days after the conclusion of the Order.

The Tailor and the Buyer may also mutually agree on a different date or time of performance from those indicated on the Site.

12.2 Availability of the Products

12.2.1 Pick-up in the shop

The Products ordered on the Site are made available by the Tailor in his shop at the address indicated at the beginning of these GTC.

The Buyer will go to the shop to collect the Product ordered on the date agreed on the Site.

In order to collect the Product, the Buyer must present an identity document to the Tailor together with his/her invoice or Order number.

Otherwise, the Buyer will not be able to collect the Product ordered.

12.2.2 Shipping of the Order

The Products are delivered to the delivery address indicated by the Buyer at the time of validation of his/her Order. No change of delivery address may be made after the Order has been confirmed.

The information provided by the Buyer is binding: in the event of an error in the Buyer’s contact details or of incomplete information, the Tailor shall not be held responsible for the impossibility of delivering the Product.

The possible costs and terms of delivery may vary according to the Products ordered (their weight, size, nature) and the choices made at the time of the Order (choice of a carrier or a specific delivery offer).

This information is summarised when the Order is confirmed.

12.3 Transfer of ownership

The transfer of ownership of the Product, which is the subject of the Order, shall only take place upon receipt of the Product by the Buyer without reservation.

12.4 Transfer of risk

The risk of loss or damage to the Products shall pass to the Buyer upon receipt of the Product without reservation.

The Buyer undertakes to accept the Products delivered to him. In the event of missing or damaged Products upon delivery, the Buyer must :

– insofar as possible, immediately make reservations in the shop or on the delivery slip provided by the carrier, or by immediately calling the carrier’s customer service in the presence of the delivery person;

– in any case, inform the Tailor by contacting him/her at the address indicated at the beginning of these GTC.

13.resolution

13.1 At the initiative of the Buyer

In the event of failure to comply with the dates of performance of the obligations incumbent upon the Tailor, the Client may terminate the Order in accordance with the following conditions:

– The Buyer shall first instruct the Tailor, by registered letter with acknowledgement of receipt or in writing on another durable medium, to perform its obligation.

– The Client shall give the Tailor a reasonable additional period of time to perform.

– If the Tailor has not complied within a further period of 3 working days from receipt of the first letter, the Client may inform the Tailor by registered letter with acknowledgement of receipt or by e-mail that he is terminating the Order.

The Order shall then be deemed to have been cancelled upon receipt by the Tailor of the letter or writing informing him of this.

However, this clause shall not apply if the Tailor has in the meantime fulfilled the order.

The Client may also immediately terminate the Order in the event that the Tailor refuses to deliver it.

In any event, if the Order is cancelled in accordance with this article, the Tailor shall refund the Customer all sums paid, at the latest within fourteen days of the date on which the Order was cancelled by the Customer.

13.2 At the tailor’s initiative

These General Conditions of Sale may be terminated by operation of law, at the initiative of the Tailor, without prior judicial intervention, in the following cases

– non-payment of the price of an Order (refusal by the Client to pay or rejection of his means of payment by his bank) ;

– failure to be a Client as defined in the article “Object and Scope of Application”.

Termination may be requested solely due to the non-performance by the debtor Party or its failure to fulfil an obligation not to do so, without the creditor Party being required to serve formal notice.

Apart from the cases provided for in this article of this clause, the termination of the contract may in any case be requested in court.

14 Right of withdrawal

14.1 Principle

In accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen working days from the date of the Order in which to exercise his right of withdrawal without having to justify his decision or pay any penalties.

14.2 Exceptions

The Tailor draws the attention of the Client to the fact that, in accordance with the provisions of article L. 221-28 of the French Consumer Code, “The right of withdrawal cannot be exercised for contracts: (…)

3° For the supply of goods made to the consumer’s specifications or clearly personalised;”

Consequently, the Customer acknowledges that any request for alterations to an ordered Product constitutes a personalisation of the Product, thereby excluding his right of withdrawal for the Product concerned.

14.3 Modalities for exercising the right of withdrawal

The Consumer Code allows any consumer or non-professional in this capacity to exercise his right of withdrawal without any reason within fourteen (14) days following the delivery of the Product to the Customer or by a third party designated by him.

If the expiry of this period occurs outside of a working day, the period is extended to the next working day inclusive.

In order to exercise his right of withdrawal, the Customer must inform the Tailor, within the 14 day period mentioned above, by contacting the Tailor from the “Product withdrawal” section of his Customer Account on the Site, or by e-mail at [email protected] using the template below:

WITHDRAWAL FORM

For the attention of SARL MARCHMAIN

Telephone: 06.42.62.38.60

E-mail: [email protected]

I, the undersigned, ______________________ hereby notify you of my withdrawal from the contract concerning all or part of the Order referenced below:

Order reference

Invoice number :

Order number :

– Ordered on [____________]/received on [________________]

– Payment method used :

– Product(s) concerned by the exercise of the right of withdrawal :

– Name of the Customer and, if applicable, of the beneficiary of the Order :

– Customer’s address :

– Delivery address :

– Customer’s signature (except in the case of transmission by e-mail)

– Date

The Tailor will acknowledge receipt of the order in writing and :

– inform the Client of the address to which the item should be returned to the Tailor ;

– or inform him that one of the legal exceptions mentioned above deprives him of the possibility to exercise his right of withdrawal.

The Customer must return the Products in question in their packaging and in undamaged condition within fourteen days of the Tailor’s reply to the withdrawal.

The Tailor draws the attention of the Client to the fact that the Client bears the entire cost of returning the Products – which will not be reimbursed – except when, due to their nature, the Products cannot normally be sent back by post.

The transport of the returned Products is the responsibility of the Customer. Any damage suffered by the Products on this occasion is likely to prevent the Customer from exercising his right of withdrawal.

The Tailor will reimburse the Customer for the full price of the Product for which the Customer has exercised his right of withdrawal.

This refund will also cover the delivery costs, unless the Client has chosen a more expensive delivery method than the standard one proposed by the Tailor.

The refund will be made by the same means of payment as the one used by the Client for the Order, unless the Tailor and the Client agree to use another means of payment. The Tailor will refund the Client after receiving the returned Products and checking that there is no damage.

The Customer may be held responsible for any depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Products. In this case, no refund will be due to the Customer.

Furthermore, the Buyer may exercise his/her right of withdrawal by going directly to the Tailor’s shop at the address indicated.

15. Warranty

15.1 Guarantee against hidden defects

For the Products purchased on the Site, the Tailor is liable for hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the Civil Code.

It is reminded that the Client can decide to implement the guarantee against hidden defects of the thing sold in the sense of article 1641 of the Civil Code and that in this case he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

Reminder of the applicable legal provisions:

Article 1641 of the Civil Code “The tailor is bound by the guarantee for hidden defects of the thing sold which render it unfit for the use for which it was intended, or which diminish this use so much that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them.”

Article 1648 paragraph 1 of the Civil Code “The action resulting from redhibitory defects must be brought by the buyer within a period of 2 years from the discovery of the defect.”

15.2 Legal guarantee of conformity

For Products purchased on the Site, the Tailor is liable for defects in conformity of the goods under the conditions of article L. 217-4 and following of the Consumer Code.

It is reminded that within the framework of the legal guarantee of conformity, the Customer :

– has a period of two years from the delivery of the goods to act;

– may choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

– is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods, except for second-hand goods.

Reminder of the applicable legal provisions:

Article L.217-4 of the French Consumer Code “The tailor is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”

Article L.217-5 of the Consumer Code “The goods conform to the contract:

1° If it is fit for the purpose usually expected of a similar good and, where applicable :

– if it corresponds to the description given by the Tailor and has the qualities that the latter presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer may legitimately expect in view of the public statements made by the Tailor, the producer or his representative, in particular in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the Tailor and accepted by him.”

Article L.217-12 of the French Consumer Code “The action resulting from the lack of conformity is prescribed by 2 years from the delivery of the goods.”

Article L.217-16 of the French Consumer Code “When the buyer asks the seller, during the course of the commercial guarantee that was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer’s request for service or from the date the goods in question are made available for repair, if this is later than the request for service.”

15.3 Implementation of a guarantee

In order to benefit from a warranty for a Product purchased from the Tailor, the Customer must contact the Tailor using the e-mail or postal address indicated in the “Customer Service” section, or go directly to the Tailor’s shop at the address indicated.

In order to optimize the processing of requests, the Customer is asked to indicate on his request :

– their surname, first name, e-mail address with which the Order was placed

– the number of the Order concerned

– the references enabling the disputed Product to be identified.

In the event of a warranty claim, the conditions for taking responsibility for the Product may vary according to the agreements concluded between the Tailor and the suppliers or manufacturers of the disputed Product.

16. behaviour to be adopted in all circumstances

The Parties undertake, within the framework of their relations, to respect all of the present GTCs as well as all the laws and regulations in force.

The Parties undertake in particular, without this list being exhaustive, to :

– to prohibit, in all circumstances, the use of discourteous, insulting, defamatory, denigrating, racist, xenophobic, pornographic or, in general, contrary to public order and good morals;

– to respect the image and reputation of the Parties and not to harm their interests;

– not to send unsolicited messages (“spamming”);

– not to usurp the identity of any third party and/or attempt to use the Client Account of another Client.

17. liability / force majeure

The Parties shall not be liable in any way for any breach of contract under these GTC that originates or occurs as a result of an event of force majeure in accordance with Article 1218 of the Civil Code, i.e. an “event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation by the debtor”.

In any case, the Tailor shall not be liable to the Client for any indirect damage arising from the performance of these GTC.

The Tailor cannot be held liable for the non-conformity of the Product with the legislation of the Customer’s country, who is responsible for checking that the Product is not prohibited for sale in his country.

18. personal data

The personal information and data that the Buyer will have provided directly or indirectly to the Tailor are necessary for the execution of the present General Terms and Conditions of Sale and are of legitimate interest to the Tailor in order to enable him to manage Orders, the execution of contracts, the delivery of Products, the commercial relationship, the customer service, the after-sales service and the processing of complaints.

As the controller of the Tailor’s customer database, the Tailor may transfer personal data to third parties for the purposes described above.

The Privacy Policy of the Tailor is available at the following address: [[URL PRIVACY POLICY]].

This personal data may be kept by the Tailor for the duration of the contractual relationship and for a maximum of three (3) years from the last contractual relationship with the Buyer.

The Buyer has at any time the right to access, rectify, oppose, delete, limit and port personal data, which he may exercise by writing to the Seller. Any request to exercise these rights by the Buyer must be signed and possibly accompanied by a copy of a valid identity document if the Seller so requests.

The Buyer also has the right to refer the matter to the competent authority responsible for the protection of personal data (in France, the CNIL, www.cnil.fr).

19 Intellectual Property

All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademark or other intellectual property rights.

The trademarks, logos, designs and models appearing on the Site are the exclusive property of the Tailor. Their disclosure shall in no way be construed as granting any license or right to use said trademarks and distinctive elements protected by copyright. They may not be used under penalty of infringement.

Thus, none of the documents from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way whatsoever without the express, written and prior authorization of the Tailor.

However, the Buyer may download one copy of the documents onto a computer for his personal use and for non-commercial purposes only, provided that he does not modify the information contained therein and that he keeps intact any proprietary notices. Modification of these documents or their use for any other purpose constitutes an infringement of the Tailor’s intellectual property rights.

If the Buyer has a personal website and wishes to place a link to a page of the Site for personal use, the Buyer must request permission from the Tailor. This will in no case be an implicit affiliation agreement.

On the other hand, any hypertext link to the Site using the framing or in-line linking technique is strictly prohibited. In any case, any link must be withdrawn upon request by the Tailor.

20.miscellaneous provisions

20.1 Modification of the GTC

The applicable GTC are those in force at the time of the Order.

In the event of a modification, the new version of the Terms and Conditions shall apply to Orders placed as from the date of its entry into force.

It is therefore the Customer’s responsibility to consult the current Terms and Conditions before placing any Order and to formally accept them.

20.2 Translation of the Terms

In the event that these GTC are drafted in several languages or translated, only the French version shall be deemed authentic.

20.3 Customer Service

The Tailor provides the Customer with a customer service department to answer any enquiry about its Products and to handle any commercial complaint.

The Customer can contact the Tailor at the following address:

– by mail: 50, boulevard de la Tour Maubourg 75007 Paris

– by telephone: 06 14 90 17 45.

– by e-mail: [email protected]

The telephone number indicated is not surcharged but may be charged by the Customer’s telephone operator at the normal rate.

The Tailor’s customer service is open from Monday to Saturday from 11am to 2pm and from 3pm to 7pm.

The Tailor will do his best to answer :

– within 10 working days to the Client’s requests for information;

– within 10 working days to complaints.

20.4 Storage of the Conditions

The Tailor will keep the Conditions concluded with the Client for a period of 10 years and will communicate them to the Client upon request, in accordance with the provisions of article L. 213-1 of the French Consumer Code.

20.5.Evidence agreement

Each of the Parties undertakes to recognise that any electronic document or any information exchanged between them by means of their electronic correspondence or the communication tools made available to them on the Web Site, as well as any computerised data stored, accessible or generated by the Web Site and relating to their pre-contractual relationship (information made available to the Client, Client’s needs expressed to the Tailor, etc.) as well as to their contractual relationship (date and content of e-mails processing Orders, complaints made, etc.)

The Parties waive, except in the case of proven computer fraud in the information systems used or voluntary human falsification, the right to invoke the non-invocability, inadmissibility or nullity of any evidence that may be provided by means of the above-mentioned documents or information.

20.6 Waiver

The fact that one or other of the Parties does not claim the application of any clause of the GCS or acquiesces in its non-performance, whether permanently or temporarily, shall not be interpreted as a waiver by that Party of the rights that it derives from the said clause.

20.7 Partial nullity

The annulment of one of the stipulations of the GTC shall not entail the annulment of the present as a whole, unless the disputed stipulation can be considered, in the minds of the Parties, as substantial and determining, or unless its annulment calls into question the general balance of the GTC.

20.8 Applicable law and jurisdiction

20.8.1 Applicable law

These GTC are subject to French law, subject only to the public policy provisions of the law of the State of which the Customer is a national.

20.8.2 Attribution of jurisdiction

All difficulties of interpretation, execution and all disputes relating to the present General Terms and Conditions of Sale and more generally to access to the Site must first be resolved amicably between the Client and the Tailor.

20.8.3 Prior mediation

In the event of a persistent dispute with the Tailor, the Client who is a consumer has the right to have recourse free of charge to a consumer mediator in order to seek an amicable resolution of the dispute.

Dispute resolution may be sought through the European Commission’s online dispute resolution platform: https://ec.europa.eu/consumers/odr/

If the Parties are unable to resolve their dispute amicably, the “Continuing Dispute” article will apply.

20.8.4 Continuing dispute

In the event of a dispute persisting after mediation, the Customer who is a consumer may refer the matter to one of the territorially competent courts under the Code of Civil Procedure, or to the court of the place where he/she lived at the time of the conclusion of the contract or the occurrence of the harmful event, in accordance with Article R.631-3 of the Consumer Code.