FRANÇAIS
ESPANOL
DEUTSCH
ITALIANOGENERAL TERMS AND CONDICITIONS DISTRINEO
PREAMBLE: The translations into other languages that we provide to our clients are only for information. The only document with legal validity is the original one, produced in French.
SECTION 1: SCOPE OF APPLICATION
These General Terms and Conditions constitute, in accordance with article L. 441-I of the Commercial Code, the sole source of the commercial relationship between the parties.
The parties intend to define the conditions under which the company DISTRINEO, a simplified joint stock company, registered in the Trade and Company Registry of Lyon, under number 450 866 157, which has its registered office at DISTRINEO SAS, 475 Avenue de Chaponnay, ZI le Chapotin nord, 69970 CHAPONNAY, FRANCE, +33 (0)4 37 23 69 89 (hereinafter "The Supplier") and its purpose is to provide to professional purchasers (hereinafter the "Purchasers" or the “Purchaser") who so request through its Internet websites, dedicated to the aforementioned action, through a direct contract or through a paper contract. The products that occupy the object of this company are the following: official licenses, figures and plush toys, official replicas, clothing and jewellery, as well as games and accessories (hereinafter "the Products").
These conditions are to be applied, without restrictions or reservations, to all purchases made by The Supplier with purchasers of the same category, taking into account that the clauses may appear in the documents of the Purchaser, particularly in their general terms and conditions.
In accordance with the law in force, these General Terms and Conditions will be systematically delivered to any Purchaser who requests them, so that they are allowed to place an order/various orders with The Supplier.
These General Terms and Conditions will also be communicated to all suppliers (except wholesalers) prior to the conclusion of an agreement with the terms contained in articles L 441-3 and following, of the Commercial Code, regarding legal delays. Any order of Products implies, on the part of the Purchaser, the acceptance of the current General Terms and Conditions as well as the conditions of use regarding the Internet websites dedicated to this purpose for orders in electronic format. The information collected in the catalogues, brochures and related to rates of The Supplier will be provided only for informational purposes and will be subject to revision at any time.
The Supplier has the right to make all the modifications that they consider convenient. SECTION 2: ORDERS – PRICES
Section 2.1: Orders
1.- A purchase will not be concluded unless express acceptance, preferably in writing and by email, for The Purchaser by The Supplier, who will ensure the availability of the products included in the abovementioned purchase.
Orders must be confirmed in writing, by means of a purchase order duly signed by The Purchaser.
The Supplier has electronic means (https://www.distrineo.com) of order (including acceptance and confirmation) that allow the Purchaser to place their orders in the best conditions, quickly and comfortably.
The Supplier reserves the right to grant the Purchaser the right to access its website https://www.distrineo.com, allowing him to obtain information about the Products sold by the Supplier, their availability and, eventually, place orders online. The denial or suspension of the right to access the website does not constitute, in any case, a refusal to sell.
With respect to those orders that are made exclusively through The Supplier’s Internet website, will only be registered when The Purchaser accepts these General Terms and Conditions confirming his intention in writing and validating his order, for this purpose. This validation implies full acceptance of these General Terms and Conditions and constitutes, in itself, proof of the purchase-sale contract.
The acceptance of the order and its acceptance will be confirmed to The Purchaser via email.
The data recorded in the Supplier’s computer system constitutes proof of the set of transactions between the Supplier and the Seller.
2.- Any order made by The Purchaser to The Supplier will be irrevocable unless expressly accepted by the latter.
Any request for modification or cancellation of the order placed may not be taken into account, unless said request is made in writing (mail, email...) and is presented to the Supplier whether before the effective payment of the amount of the order, whether before the delivery of the Products to the carrier for delivery to The Purchaser.
In the event that The Supplier accepts The Purchaser’s request to modify or cancel the order, the amount paid by The Purchaser to The Supplier will become a credit note. In case of lack of agreement by The Purchaser regarding this return method, the amount paid by The Purchaser will become an effective part of The Supplier’s accounts, as damages.
3.- The Supplier reserves the right to accept an order, The Purchaser not being able to argue an unjustified denial of sale or demand any type of compensation. This article applies to any order placed by The Purchaser without the orders previously placed with The Supplier having been paid in full.
Section 2.2: Prices
The products will be supplied based on the rates into force on the day the order is placed, and if applicable, the same will be specified in the commercial proposal made by the Purchaser. These rates are closed.
The prices will appear in euros and tax free. They will not include any taxes, fees, shipping charges, exceptional customs charges, permits or any other provision necessarily paid for the delivery of the goods in accordance with the application of French law or the law of a foreign country, which will be assumed by the Purchaser.
The Supplier reserves the right to modify these prices at any time, especially taking into account the variation in prices of its own suppliers. Any rate modification will be automatically applicable on the date on which said rate enters into force. SECTION 3: PAYMENT CONDITIONS
1.- The amount of the order will be paid in cash, in full and on the day of its validation, by bank transfer.
In case of prior written agreement by The Supplier, any other method of payment will be accepted.
The Supplier reserves the right to refuse or accept, confirm or honour any order placed by The Purchaser, without the latter being able to argue an unjustified refusal to sell or demand compensation, in the event of payment refusal by the Customer, at the time of order validation.
No discount will be applied by The Supplier for paying the amount on the day of validation of the order.
2.- Any delay in payments will entail the right on the part of The Supplier to the immediate demand for sanctions set at three times the legal interest rate, without prejudice to any other action; and that The Supplier will have the right to file legal actions, in this sense, against The Purchaser.
The Purchaser will be liable, within the framework of a penal clause, for an increase of 10% of the remaining sums contracted with The Supplier for each month of delay. The Supplier reserves the right to demand a complementary compensation from The Purchaser if the collection costs assumed by them with The Supplier exceed this amount, always presenting a justification.
Unless expressly agreed, in advance and in writing, and provided that the reciprocal debts are true, demonstrable and enforceable, no compensation will be made for sanctions, due to delays in delivery, for non-conformity with the Products received by the Purchaser, on the one hand, and, on the other hand, the amounts pending payment by the latter to the Supplier, for the purchase of the aforementioned Products in another business.
3.- In case of not respecting the payment conditions that appear in this document, The Supplier reserves the right to suspend or cancel all orders placed into by The Purchaser.
4.- The Supplier reserves the right to cancel the sale if after forty-eight (48) hours and after sending a formal notification by registered letter with acknowledgment of receipt, they have not received a response; in case of partial or total non-payment. The Supplier may demand the return of the Products, without prejudice to other compensation.
The resolution will affect the order in question, as well as all previous orders that you have not paid for, that have been delivered or that are in transit for delivery and whose payment term has expired or not.
For any type of non-payment, the remaining amounts to be paid that are part of previous orders, may be demanded immediately in case the Supplier does not opt for the cancellation of the sale.
5.- The Supplier reserves, until the moment in which the Purchaser makes the payment in full, the right of property over the Products sold, thus allowing them to claim the abovementioned Products in the event of non-payment or non-compliance.
In return, the risk of loss and deterioration is transferred to The Purchaser from the departure of the Products from the facilities of The Supplier.
As a consequence, The Purchaser is obliged to assume the costs and fees of the Products shipped for the benefit of The Supplier, through an ad hoc insurance, until the property transaction is completed and duly justified at the time of delivery. Otherwise, the Supplier may delay the delivery until the presentation of this supporting document. SECTION 4: MERCHANDISE DELIVERY
Delivery will be made either by direct delivery of the Products, by notice of availability, or delivery to a sender or carrier.
Delivery delays are presented for information and indicative purposes only. These may vary depending on the difficulties in production, the geopolitical situation, the health situation or transport. Delays in delivery will not give rise to any sanction or compensation, nor will they be a reason to motivate a cancellation or termination of the order, except in the case of express acceptance by The Supplier.
Deliveries will be processed in order of arrival of the orders and depending on the supply and transport possibilities. The Supplier is authorized to proceed in its deliveries globally or partially. The penal clauses that appear in the commercial documentation of the client cannot be opposed in any case to The Supplier. In any case, the delivery can only be made if the client is up to date with his obligations to the Supplier, whatever the cause. SECTION 5: CHANGE OF OWNERSHIP – TRANSFER OF RISKS
The change of ownership of the Products from The Supplier for the benefit of the Purchaser, will only be made after full payment of the price by the latter, regardless of the date of delivery of the Products.
The transfer of risks will be effective at the time of departure of the Products from the Supplier’s facilities. Therefore, the products travel at the expense and risk of the Purchaser. In case of delivery of the products by a carrier, the Purchaser acknowledges that it is up to the carrier to make the delivery, considering that the obligation has been fulfilled by The Supplier once the carrier has unreservedly collected and loaded the Products at the Supplier’s facilities. Therefore, the Purchaser has no guarantee rights against The Supplier in the event of problems with or during the delivery of the Products ordered, or Products that have been damaged, if such damage occurs during transport or unloading. SECTION 6: RESPONSIBILITIES OF THE SUPPLIER – GUARANTEE
The products provided by The Supplier have full rights and without any type of complementary payment, in accordance with the legal provisions,
- Of the legal guarantee of conformity, for Products that have manufacturing defects, damage or deterioration, or for those that do not correspond to what was requested in the order.
- Of the legal guarantee against defects not noticeable at first sight that are given by a defect in the material, design or manufacturing, which affects the products already delivered and are not suitable for use, in the conditions and in accordance with the modalities defined in articles 1641 and hereinafter of the Civil Code.
In order to enforce their rights, the Purchaser must inform The Supplier by means of a certified letter with acknowledgment of receipt or by email, accompanying the abovementioned document with the purchase invoice, of the non-conformity of the Products.
The Supplier will replace or repair the Products or their parts, provided that they are effectively proven to be defective.
Finally, the guarantee will not be applicable if the Products have been subjected to abnormal use or have been used in conditions other than those for which they were manufactured, in particular in the event of non-compliance with the conditions prescribed in the instructions for use.
Nor will they be applicable in case of defect or deterioration caused by natural use, shock, fall, negligence, lack of vigilance, maintenance, storage and/or conservation of a Product by the Purchaser, or in case of change in the Product. SECTION 7: INTELLECTUAL PROPERTY - COPYRIGHT
The content of the Internet website https://www.distrineo.com is the property of The Supplier and is protected by French laws relating to intellectual property.
The Purchaser is therefore prohibited from any reproduction or exploitation, in whole or in part, of said content, without the prior express written authorization of The Supplier. SECTION 8: DATA PROTECTION
The stored personal data referring to the Purchaser are subject to computer processing carried out by The Supplier. They are collected in a file intended for this purpose and are essential to process the Purchaser’s orders. These data are kept, likewise, for security purposes, in order to respect legal and regulatory obligations. They will be kept for as long as necessary for the fulfilment of orders and the application of guarantees.
The person responsible for processing these data is The Supplier. Access to personal data will be strictly limited to the employee(s) responsible for the IT department, authorized to process it due to their role in the company. The stored data may be communicated, eventually, to third parties linked to the company by contract, as a means to carry out subcontracted functions, without the need for the express authorization of The Purchaser.
Within the framework of the execution of their services, the aforementioned third parties will have limited access to the data and are obliged to use them in accordance with the applicable legal provisions on data protection. Except in the aforementioned case, The Supplier shall be prohibited from selling, renting, transferring or giving access to third parties to personal data without the prior consent of The Purchaser, unless it is forced to do so for a legitimate reason.
In accordance with the applicable regulations, The Purchaser has the right of access, rectification, deletion, as well as transferring those data concerning his person, as well as the right to oppose the treatment thereof for a legitimate reason; rights that they can exercise by contacting the person responsible for the processing the abovementioned data through the following email address: contact@distrineo.com. In the event of a claim, The Purchaser may issue a claim addressed to The Supplier SECTION 9: PROHIBITION OF RESALE BY AUCTION
The Purchaser is prohibited from reselling the Products to a natural or legal person through an Internet auction site.
In such case, The Supplier shall have the right to refuse to supply the Purchaser again. SECTION 10: UNFORESEEN CIRCUMSTANCES
In the event of a situation of unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not accepted to assume an excessively onerous execution risk may request the renegotiation of the contract at the contracting party. SECTION 11: FORCE MAJEURE
The Parties will not be held responsible, in case of non-execution or delay in the execution of those obligations that are included in this document, in the case of a situation of force majeure, as indicated in article 1218 of the Civil Code. SECTION 12: APPLICABLE LAW – LANGUAGE
These General Terms and Conditions and the operations they contemplate are governed by French law and regulations. They are written in the French language. In the event that they are translated into one or more languages, only the French text will be valid in the event of a litigation. SECTION 13: LITIGATION
All disputes to which the purchase-sale operations could conclude in application of these General Terms and Conditions that may arise, regarding their validity, their interpretation, their execution, their termination, their effects and their consequences and that could not have been be resolved amicably between the Supplier and the Purchaser, shall be submitted to the Trade Court of Lyon. SECTION 14: PRE-CONTRACTUAL INFORMATION – ACCEPTANCE BY THE PURCHASER
These General Terms and Conditions, as well as the rates, are expressly approved and accepted by The Purchaser, who declares and acknowledges having full knowledge of them; and waives, for this purpose, to use any other document that contradicts the current one, especially, its own general conditions of purchase.
SECTION 1: SCOPE OF APPLICATION
These General Terms and Conditions constitute, in accordance with article L. 441-I of the Commercial Code, the sole source of the commercial relationship between the parties.
The parties intend to define the conditions under which the company DISTRINEO, a simplified joint stock company, registered in the Trade and Company Registry of Lyon, under number 450 866 157, which has its registered office at DISTRINEO SAS, 475 Avenue de Chaponnay, ZI le Chapotin nord, 69970 CHAPONNAY, FRANCE, +33 (0)4 37 23 69 89 (hereinafter "The Supplier") and its purpose is to provide to professional purchasers (hereinafter the "Purchasers" or the “Purchaser") who so request through its Internet websites, dedicated to the aforementioned action, through a direct contract or through a paper contract. The products that occupy the object of this company are the following: official licenses, figures and plush toys, official replicas, clothing and jewellery, as well as games and accessories (hereinafter "the Products").
These conditions are to be applied, without restrictions or reservations, to all purchases made by The Supplier with purchasers of the same category, taking into account that the clauses may appear in the documents of the Purchaser, particularly in their general terms and conditions.
In accordance with the law in force, these General Terms and Conditions will be systematically delivered to any Purchaser who requests them, so that they are allowed to place an order/various orders with The Supplier.
These General Terms and Conditions will also be communicated to all suppliers (except wholesalers) prior to the conclusion of an agreement with the terms contained in articles L 441-3 and following, of the Commercial Code, regarding legal delays. Any order of Products implies, on the part of the Purchaser, the acceptance of the current General Terms and Conditions as well as the conditions of use regarding the Internet websites dedicated to this purpose for orders in electronic format. The information collected in the catalogues, brochures and related to rates of The Supplier will be provided only for informational purposes and will be subject to revision at any time.
The Supplier has the right to make all the modifications that they consider convenient. SECTION 2: ORDERS – PRICES
Section 2.1: Orders
1.- A purchase will not be concluded unless express acceptance, preferably in writing and by email, for The Purchaser by The Supplier, who will ensure the availability of the products included in the abovementioned purchase.
Orders must be confirmed in writing, by means of a purchase order duly signed by The Purchaser.
The Supplier has electronic means (https://www.distrineo.com) of order (including acceptance and confirmation) that allow the Purchaser to place their orders in the best conditions, quickly and comfortably.
The Supplier reserves the right to grant the Purchaser the right to access its website https://www.distrineo.com, allowing him to obtain information about the Products sold by the Supplier, their availability and, eventually, place orders online. The denial or suspension of the right to access the website does not constitute, in any case, a refusal to sell.
With respect to those orders that are made exclusively through The Supplier’s Internet website, will only be registered when The Purchaser accepts these General Terms and Conditions confirming his intention in writing and validating his order, for this purpose. This validation implies full acceptance of these General Terms and Conditions and constitutes, in itself, proof of the purchase-sale contract.
The acceptance of the order and its acceptance will be confirmed to The Purchaser via email.
The data recorded in the Supplier’s computer system constitutes proof of the set of transactions between the Supplier and the Seller.
2.- Any order made by The Purchaser to The Supplier will be irrevocable unless expressly accepted by the latter.
Any request for modification or cancellation of the order placed may not be taken into account, unless said request is made in writing (mail, email...) and is presented to the Supplier whether before the effective payment of the amount of the order, whether before the delivery of the Products to the carrier for delivery to The Purchaser.
In the event that The Supplier accepts The Purchaser’s request to modify or cancel the order, the amount paid by The Purchaser to The Supplier will become a credit note. In case of lack of agreement by The Purchaser regarding this return method, the amount paid by The Purchaser will become an effective part of The Supplier’s accounts, as damages.
3.- The Supplier reserves the right to accept an order, The Purchaser not being able to argue an unjustified denial of sale or demand any type of compensation. This article applies to any order placed by The Purchaser without the orders previously placed with The Supplier having been paid in full.
Section 2.2: Prices
The products will be supplied based on the rates into force on the day the order is placed, and if applicable, the same will be specified in the commercial proposal made by the Purchaser. These rates are closed.
The prices will appear in euros and tax free. They will not include any taxes, fees, shipping charges, exceptional customs charges, permits or any other provision necessarily paid for the delivery of the goods in accordance with the application of French law or the law of a foreign country, which will be assumed by the Purchaser.
The Supplier reserves the right to modify these prices at any time, especially taking into account the variation in prices of its own suppliers. Any rate modification will be automatically applicable on the date on which said rate enters into force. SECTION 3: PAYMENT CONDITIONS
1.- The amount of the order will be paid in cash, in full and on the day of its validation, by bank transfer.
In case of prior written agreement by The Supplier, any other method of payment will be accepted.
The Supplier reserves the right to refuse or accept, confirm or honour any order placed by The Purchaser, without the latter being able to argue an unjustified refusal to sell or demand compensation, in the event of payment refusal by the Customer, at the time of order validation.
No discount will be applied by The Supplier for paying the amount on the day of validation of the order.
2.- Any delay in payments will entail the right on the part of The Supplier to the immediate demand for sanctions set at three times the legal interest rate, without prejudice to any other action; and that The Supplier will have the right to file legal actions, in this sense, against The Purchaser.
The Purchaser will be liable, within the framework of a penal clause, for an increase of 10% of the remaining sums contracted with The Supplier for each month of delay. The Supplier reserves the right to demand a complementary compensation from The Purchaser if the collection costs assumed by them with The Supplier exceed this amount, always presenting a justification.
Unless expressly agreed, in advance and in writing, and provided that the reciprocal debts are true, demonstrable and enforceable, no compensation will be made for sanctions, due to delays in delivery, for non-conformity with the Products received by the Purchaser, on the one hand, and, on the other hand, the amounts pending payment by the latter to the Supplier, for the purchase of the aforementioned Products in another business.
3.- In case of not respecting the payment conditions that appear in this document, The Supplier reserves the right to suspend or cancel all orders placed into by The Purchaser.
4.- The Supplier reserves the right to cancel the sale if after forty-eight (48) hours and after sending a formal notification by registered letter with acknowledgment of receipt, they have not received a response; in case of partial or total non-payment. The Supplier may demand the return of the Products, without prejudice to other compensation.
The resolution will affect the order in question, as well as all previous orders that you have not paid for, that have been delivered or that are in transit for delivery and whose payment term has expired or not.
For any type of non-payment, the remaining amounts to be paid that are part of previous orders, may be demanded immediately in case the Supplier does not opt for the cancellation of the sale.
5.- The Supplier reserves, until the moment in which the Purchaser makes the payment in full, the right of property over the Products sold, thus allowing them to claim the abovementioned Products in the event of non-payment or non-compliance.
In return, the risk of loss and deterioration is transferred to The Purchaser from the departure of the Products from the facilities of The Supplier.
As a consequence, The Purchaser is obliged to assume the costs and fees of the Products shipped for the benefit of The Supplier, through an ad hoc insurance, until the property transaction is completed and duly justified at the time of delivery. Otherwise, the Supplier may delay the delivery until the presentation of this supporting document. SECTION 4: MERCHANDISE DELIVERY
Delivery will be made either by direct delivery of the Products, by notice of availability, or delivery to a sender or carrier.
Delivery delays are presented for information and indicative purposes only. These may vary depending on the difficulties in production, the geopolitical situation, the health situation or transport. Delays in delivery will not give rise to any sanction or compensation, nor will they be a reason to motivate a cancellation or termination of the order, except in the case of express acceptance by The Supplier.
Deliveries will be processed in order of arrival of the orders and depending on the supply and transport possibilities. The Supplier is authorized to proceed in its deliveries globally or partially. The penal clauses that appear in the commercial documentation of the client cannot be opposed in any case to The Supplier. In any case, the delivery can only be made if the client is up to date with his obligations to the Supplier, whatever the cause. SECTION 5: CHANGE OF OWNERSHIP – TRANSFER OF RISKS
The change of ownership of the Products from The Supplier for the benefit of the Purchaser, will only be made after full payment of the price by the latter, regardless of the date of delivery of the Products.
The transfer of risks will be effective at the time of departure of the Products from the Supplier’s facilities. Therefore, the products travel at the expense and risk of the Purchaser. In case of delivery of the products by a carrier, the Purchaser acknowledges that it is up to the carrier to make the delivery, considering that the obligation has been fulfilled by The Supplier once the carrier has unreservedly collected and loaded the Products at the Supplier’s facilities. Therefore, the Purchaser has no guarantee rights against The Supplier in the event of problems with or during the delivery of the Products ordered, or Products that have been damaged, if such damage occurs during transport or unloading. SECTION 6: RESPONSIBILITIES OF THE SUPPLIER – GUARANTEE
The products provided by The Supplier have full rights and without any type of complementary payment, in accordance with the legal provisions,
- Of the legal guarantee of conformity, for Products that have manufacturing defects, damage or deterioration, or for those that do not correspond to what was requested in the order.
- Of the legal guarantee against defects not noticeable at first sight that are given by a defect in the material, design or manufacturing, which affects the products already delivered and are not suitable for use, in the conditions and in accordance with the modalities defined in articles 1641 and hereinafter of the Civil Code.
In order to enforce their rights, the Purchaser must inform The Supplier by means of a certified letter with acknowledgment of receipt or by email, accompanying the abovementioned document with the purchase invoice, of the non-conformity of the Products.
The Supplier will replace or repair the Products or their parts, provided that they are effectively proven to be defective.
Finally, the guarantee will not be applicable if the Products have been subjected to abnormal use or have been used in conditions other than those for which they were manufactured, in particular in the event of non-compliance with the conditions prescribed in the instructions for use.
Nor will they be applicable in case of defect or deterioration caused by natural use, shock, fall, negligence, lack of vigilance, maintenance, storage and/or conservation of a Product by the Purchaser, or in case of change in the Product. SECTION 7: INTELLECTUAL PROPERTY - COPYRIGHT
The content of the Internet website https://www.distrineo.com is the property of The Supplier and is protected by French laws relating to intellectual property.
The Purchaser is therefore prohibited from any reproduction or exploitation, in whole or in part, of said content, without the prior express written authorization of The Supplier. SECTION 8: DATA PROTECTION
The stored personal data referring to the Purchaser are subject to computer processing carried out by The Supplier. They are collected in a file intended for this purpose and are essential to process the Purchaser’s orders. These data are kept, likewise, for security purposes, in order to respect legal and regulatory obligations. They will be kept for as long as necessary for the fulfilment of orders and the application of guarantees.
The person responsible for processing these data is The Supplier. Access to personal data will be strictly limited to the employee(s) responsible for the IT department, authorized to process it due to their role in the company. The stored data may be communicated, eventually, to third parties linked to the company by contract, as a means to carry out subcontracted functions, without the need for the express authorization of The Purchaser.
Within the framework of the execution of their services, the aforementioned third parties will have limited access to the data and are obliged to use them in accordance with the applicable legal provisions on data protection. Except in the aforementioned case, The Supplier shall be prohibited from selling, renting, transferring or giving access to third parties to personal data without the prior consent of The Purchaser, unless it is forced to do so for a legitimate reason.
In accordance with the applicable regulations, The Purchaser has the right of access, rectification, deletion, as well as transferring those data concerning his person, as well as the right to oppose the treatment thereof for a legitimate reason; rights that they can exercise by contacting the person responsible for the processing the abovementioned data through the following email address: contact@distrineo.com. In the event of a claim, The Purchaser may issue a claim addressed to The Supplier SECTION 9: PROHIBITION OF RESALE BY AUCTION
The Purchaser is prohibited from reselling the Products to a natural or legal person through an Internet auction site.
In such case, The Supplier shall have the right to refuse to supply the Purchaser again. SECTION 10: UNFORESEEN CIRCUMSTANCES
In the event of a situation of unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not accepted to assume an excessively onerous execution risk may request the renegotiation of the contract at the contracting party. SECTION 11: FORCE MAJEURE
The Parties will not be held responsible, in case of non-execution or delay in the execution of those obligations that are included in this document, in the case of a situation of force majeure, as indicated in article 1218 of the Civil Code. SECTION 12: APPLICABLE LAW – LANGUAGE
These General Terms and Conditions and the operations they contemplate are governed by French law and regulations. They are written in the French language. In the event that they are translated into one or more languages, only the French text will be valid in the event of a litigation. SECTION 13: LITIGATION
All disputes to which the purchase-sale operations could conclude in application of these General Terms and Conditions that may arise, regarding their validity, their interpretation, their execution, their termination, their effects and their consequences and that could not have been be resolved amicably between the Supplier and the Purchaser, shall be submitted to the Trade Court of Lyon. SECTION 14: PRE-CONTRACTUAL INFORMATION – ACCEPTANCE BY THE PURCHASER
These General Terms and Conditions, as well as the rates, are expressly approved and accepted by The Purchaser, who declares and acknowledges having full knowledge of them; and waives, for this purpose, to use any other document that contradicts the current one, especially, its own general conditions of purchase.