THE PRESENTS ARE CONCLUDED BETWEEN:
THE COMPANY AUTO CLASSIC PASSION
On the one hand,
Any natural person, non-professional, acting in the capacity of consumer;
Hereinafter referred to as "CONSUMER CUSTOMER"
Any natural person or legal entity, acting in the capacity of professional.
Hereinafter referred to as "PROFESSIONAL CUSTOMER"
And more generally "CUSTOMER", in the plural as well as in the singular;
On the other hand;
The present GENERAL CONDITIONS OF SALE apply, without restriction nor reserve to the whole of the sales concluded by the COMPANY AUTO CLASSIC PASSION near nonprofessional CUSTOMERS, wishing to acquire the PRODUCTS proposed on Internet site: http://www.1923autos.fr/.
The present site of electronic trade is published by the COMPANY AUTO CLASSIC PASSION, Limited liability company, with the capital of 50.000 euros, registered in the Register of the Trade and the Companies of LILLE METROPOLE under the number 792 524 399, whose registered office is SARL AUTO CLASSIC PASSION 59130 LAMBERSART. The intra-community VAT number of the Company AUTO CLASSIC PASSION is FR01792524399.
The present GENERAL TERMS AND CONDITIONS OF SALE are valid as from September 30, 2013. They replace and cancel the previous versions.
ARTICLE 1 - DEFINITIONS
For the purposes hereof, each of the expressions mentioned in the GENERAL CONDITIONS shall have the meaning attributed to it hereinafter, in both the singular and plural, namely:
- "ORDER" indicates the sale contract concluded between the consumer CUSTOMER and the COMPANY AUTO CLASSIC PASSION;
- "CUSTOMER ACCOUNT" shall designate the "My Account" space available on the website http://www.1923autos.fr/ and enabling the CUSTOMER to access, after logging in, his/her PERSONAL DATA;
- "PERSONAL DATA" means the CUSTOMER's last name, first name, postal and billing address, e-mail address and payment methods;
- "REGISTRATION" refers to the process of creating an ACCOUNT on the website http://www.1923autos.fr/. To this end, THE CUSTOMER must complete a registration form;
- "CONSUMER CUSTOMER" refers to any natural person, non-professional, acting as a consumer;
- "PROFESSIONAL CUSTOMER" refers to any natural or legal person acting in a professional capacity;
- "PASSWORD" refers to confidential information, which the CUSTOMER must keep secret, allowing him/her to prove his/her identity with his/her email address;
- "PRODUCTS" refers to the goods described and offered for sale on the site http://www.1923autos.fr/.
ARTICLE 2 - PURPOSE AND ACCEPTANCE OF THE GENERAL CONDITIONS
2.1 - PURPOSE - SCOPE OF APPLICATION
The present GENERAL CONDITIONS have for object to define the modalities according to which THE AUTO CLASSIC PASSION COMPANY proposes to the sale of its PRODUCTS on its Internet site http://www.1923autos.fr/.
These GENERAL CONDITIONS apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or by means of other distribution and marketing channels.
These GENERAL CONDITIONS are accessible at any time on the website http://www.1923autos.fr/ and will prevail, if necessary, on any other version or any other contradictory document.
Except contrary proof, the data recorded by THE AUTO CLASSIC PASSION COMPANY constitute the proof of the whole of the transactions.
THE CUSTOMER recognizes to have taken knowledge of the characteristics of PRODUCTS provided by THE AUTO CLASSIC PASSION COMPANY before any ORDER, so that he declares to be perfectly informed of the nature and of the characteristics of the PRODUCTS which he buys.
2.2 - ACCEPTANCE OF THE GENERAL CONDITIONS AND ITS POSSIBLE MODIFICATIONS - CAPACITY TO CONTRACT
Any ORDER by THE CUSTOMER implies the whole acceptance and without reserve of the present GENERAL CONDITIONS.
THE CUSTOMER declares and guarantees for the benefit of THE AUTO CLASSIC PASSION COMPANY to have the full powers and the full capacity to the conclusion, the acceptance and the execution of the present contractual obligations.
Besides, THE CUSTOMER recognizes and accepts that THE AUTO CLASSIC PASSION COMPANY can modify, at any time and without notice, the contents of the present GENERAL CONDITIONS.
The modifications of the GENERAL CONDITIONS are opposable to the users of the site as from their on-line publishing and cannot apply to the transactions concluded previously.
ARTICLE 3 - CREATION OF THE CUSTOMER ACCOUNT
The placing of any ORDER presupposes the creation of a CUSTOMER ACCOUNT on the website http://www.1923autos.fr/.
The CUSTOMER accesses the page "REGISTRATION / LOGIN" by hovering over the icon "REGISTRATION / LOGIN" located on the homepage of the website http://www.1923autos.fr/.
The CUSTOMER must then enter a valid email address in the "NEW CUSTOMER? CREATE YOUR ACCOUNT NOW".
The CUSTOMER is then redirected to the "CREATE YOUR ACCOUNT NOW" page where he/she must enter his/her title, first name, last name, email address and date of birth.
The CUSTOMER must also define a password.
Once the CUSTOMER ACCOUNT has been created, the CUSTOMER is redirected to the "MY ACCOUNT" area where he/she can manage his/her personal information, his/her ORDERS and his/her addresses.
An acknowledgement of receipt is sent by return to the email address given in the registration form, as confirmation of the acceptance of the request to create a CUSTOMER ACCOUNT.
ARTICLE 4 - TAKING ORDERS
Any ORDER on the site is subject to compliance with the procedure described below and materialized by a succession of different pages indicating the steps that the CUSTOMER must imperatively validate to place his ORDER.
Thus, it is the CLIENT's responsibility to select the PRODUCTS he/she wishes to order on the site, according to the following procedure:
- Add PRODUCTS to the cart by clicking on " ADD TO CART " ;
- Click on " I FINISH MY ORDER " and then " VALIDATE MY ORDER " ;
- Fill in the form " YOUR ADDRESS ";
- Choose your delivery address and your billing address;
- Choose your delivery method;
- Choose your payment method and pay;
- Validate the ORDER by clicking on " I VALIDATE MY ORDER ".
Once the ORDER is validated, THE AUTO CLASSIC PASSION COMPANY acknowledges receipt by e-mail to the address given by the CUSTOMER on his CUSTOMER ACCOUNT.
This E-MAIL of confirmation of ORDER includes all the characteristics of the ORDER of the CUSTOMER.
ARTICLE 5 - CONSUMER CUSTOMER'S RIGHT OF WITHDRAWAL
Pursuant to Article L. 121-20 of the Consumer Code and following relating to the sale of goods and provision of services at a distance, the CUSTOMER CONSUMER has a right of withdrawal for any ORDER.
The CONSUMER CUSTOMER has a period of SEVEN (7) working days as from the delivery of the PRODUCTS to turn over those to the COMPANY AUTO CLASSIC PASSION for exchange or refunding, provided that the PRODUCTS are turned over in their packing of origin and in perfect state in the FIFTEEN (15) days of the delivery. Damaged, soiled or incomplete items will not be accepted.
Return shipping costs are the sole responsibility of the CUSTOMER.
The return of PRODUCTS must be accompanied by the invoice and the return form. The exchange, subject to availability, or the refunding will be made by check or by bank transfer within a period of THIRTY (30) days as from the reception, by THE AUTO CLASSIC PASSION COMPANY of the articles returned by THE CUSTOMER.
ARTICLE 6 - PRICE AND AVAILABILITY
The PRODUCTS are supplied at the prices in force appearing on the site, at the time of the registration of the ORDER by THE AUTO CLASSIC PASSION COMPANY. The prices are expressed in Euros, HT and TTC.
These prices are firm and non revisable during their period of validity. They do not include the expenses of treatment, forwarding, transport and delivery, which are invoiced in supplement.
Offers of PRODUCTS are subject to availability. Information on the availability of PRODUCTS is provided at the time of placing the ORDER.
An invoice is established by THE AUTO CLASSIC PASSION COMPANY and given to the CUSTOMER during the delivery of the ordered PRODUCTS.
ARTICLE 7 - TERMS OF PAYMENT
7.1 - TERMS OF PAYMENT
The payment is made in cash on the day of the placing of the ORDER, either :
- by bank or postal check issued by a French bank;
- by PAYPAL. By choosing payment by PAYPAL, the customer declares that he/she has read and accepted without reservation the general conditions of the PAYPAL service;
- by interbank transfer;
- by credit card, by secure payment server. In this context, cards bearing the CB trademark and CB-approved cards can be used, i.e., cards bearing only the VISA or MASTERCARD trademarks(including ELECTRON and MAESTRO) whose acceptance in the "CB" system has been approved by the "CB" Economic Interest Grouping (GIE) and cards issued within the framework of foreign or international networks approved by the "CB" Economic Interest Grouping. Foreign ELECTRON cards from the VISA network and foreign MAESTRO cards from the MASTERCARD network cannot be used for remote payments;
7.2 - PAYMENT SECURITY
Payment by bank card is ensured by CREDIT AGRICOLE via the platform E-TRANSACTION PLATFORM Crédit Agricole S.A. is a (French credit institution approved by the Autorité de Contrôle Prudentiel (ACP, 61, rue Taitbout 75 436 Paris Cedex 09)) which incorporates an SSL encryption process.
The data recorded by the CREDIT AGRICOLE on its platform E-TRANSACTION for the account of the AUTO CLASSIC PASSION COMPANY constitute the proof of all the transactions.
7.3 - LATE PAYMENT PENALTIES AND FIXED COMPENSATION FOR COLLECTION COSTS DUE BY THE PROFESSIONAL CUSTOMER
Any delay in payment by the PROFESSIONAL CUSTOMER will result in a late payment penalty, equal to the latest ECB refinancing rate, increased by 10 points, calculated on a pro rata basis pro rata temporis on the remaining sums due, in accordance with the provisions of Article L. 441-6 Commercial Code.
In addition, any invoice paid after the due date by the PROFESSIONAL CUSTOMER will be increased by right by an indemnity fixed at FORTY EUROS (40 €), and this, in accordance with the provisions of Article D. 441-5 of the Commercial Code in its wording resulting from the law n° 2012-387 of March 22, 2012 and its application decree n° 2012-1115 of October 2, 2012.
ARTICLE 8 - DELIVERY
8.1 - GENERAL
The responsibility of THE AUTO CLASSIC PASSION COMPANY cannot be committed in case of delay or error of delivery due to a bad seizure of the address by the CUSTOMER during the placing of the ORDER. Any re-shipment of the ORDER will be invoiced and paid for by the CUSTOMER. Any delay of delivery because of disturbances attributable to the transport companies will not be able to engage the responsibility of THE AUTO CLASSIC PASSION COMPANY.
8.2 - DELIVERY TIME
The PRODUCTS bought by THE CUSTOMER will be delivered within a maximum delay of NINE (9) days to the address chosen by THE CUSTOMER during his ORDER on the Internet site.
If the CUSTOMER opts for the payment by check, the sending of the order will be made only after reception and cashing of the check by THE AUTO CLASSIC PASSION COMPANY.
THE AUTO CLASSIC PASSION COMPANY commits itself to make its best efforts to deliver the PRODUCTS ordered by THE CUSTOMER within the deadlines indicated during the placing of the ORDER.
However, these deadlines are communicated as an indication and a possible overtaking will not give place to any damage and interest, retention or cancellation of the ORDER by THE CUSTOMER.
However, if the ordered PRODUCTS were not delivered within a period of SEVEN (7) days after the indicative date of delivery, for any other cause than the force majeure, the sale could be cancelled at the written request of the CUSTOMER or of the COMPANY AUTO CLASSIC PASSION. The sums paid by the CUSTOMER will then be returned to him without delay, excluding any compensation or retention.
8.2 - DELIVERY AND TRANSPORT COSTS
The delivery costs depend on the delivery method chosen by the CUSTOMER. They are indicated to the CUSTOMER at the end of his ORDER before validation of the latter by him.
In case of particular request of the CUSTOMER concerning the conditions of packing or transport of the ordered PRODUCTS, duly accepted in writing by THE AUTO CLASSIC PASSION COMPANY, the costs related to it will be the object of a specific complementary invoicing, on estimate beforehand accepted in writing by THE CUSTOMER.
Except in particular cases or unavailability of one or several PRODUCTS, the ordered PRODUCTS will be delivered in one time.
In all cases, the CLIENT will be solely responsible for any customs clearance fees, customs duties, taxes and other official charges that may be due as a result of the importation of the PRODUCTS into the country where delivery is requested.
8.3 - RECEIPT OF PACKAGES
The obligation of delivery of THE AUTO CLASSIC PASSION COMPANY is considered accomplished as soon as the PRODUCTS are made available to the CUSTOMER at the address indicated by the latter, by the carrier. The realization of this obligation of delivery is materialized by the system of control used by the carrier, notably the system of follow-up of delivery proposed on the Internet site of the Post office for the deliveries in France
THE AUTO CLASSIC PASSION COMPANY declines any responsibility in case of loss or theft after this delivery.
THE CUSTOMER is required to check the state of the delivered PRODUCTS. The CLIENT must write on the carrier's delivery note any reservations or claims for non-conformity or apparent defect of the delivered PRODUCTS. If necessary, the CUSTOMER may refuse to accept the parcel.
If these formalities are not respected, the PRODUCTS will be deemed to be in conformity and free of any apparent defect and no claim can be validly accepted by THE AUTO CLASSIC PASSION COMPANY.
THE AUTO CLASSIC PASSION COMPANY will replace as soon as possible and at its expenses, the delivered PRODUCTS whose apparent defects or the defects of conformity will have been duly proved by THE CUSTOMER.
8.4 AVAILABILITY OF THE PARCEL IN A RELAY POINT
The CUSTOMER has the possibility of having his order delivered to a relay point, only in Metropolitan France and Corsica, thanks to the services of MONDIAL RELAY.
By choosing the relay delivery method, the customer declares that he has read and accepted without reservation the general conditions of MONDIAL RELAY.
The average delivery time in relays is FIVE (5) working days.
The customer is informed by e-mail and or by SMS from MONDIAL RELAY of the arrival of his parcel in a relay. He has a period of TEN (10) working days from the date of sending the e-mail to withdraw his order, and this, on presentation of a valid identity document.
At the end of the period, the package will be considered as abandoned and can no longer be the subject of any claim by the customer.
Once the parcel returned in the premises of THE AUTO CLASSIC PASSION COMPANY. The CUSTOMER will be reimbursed of the amount of the ordered products on the basis of the invoiced price, except delivery costs.
8-5 - RETURN AND EXCHANGE
After having notified THE AUTO CLASSIC PASSION COMPANY of his retraction, the customer must return the bought article by specifying the reason within 15 (FIFTEEN) days as from the day of reception of his order accompanied by the return form (that THE AUTO CLASSIC PASSION COMPANY will send to you by e-mail.)
The expenses of return are in charge of the customer.
NEVER SEND BACK A RETURN WITHOUT HAVING CONTACTED US EITHER BY E-MAIL ([email protected]) OR BY TELEPHONE (0638375454). We will then send you the return form by e-mail to fill in.
All products returned by the Customer must not have been used, damaged, soiled or washed by the Customer. They must be returned complete, with their bags and/or labels in appropriate packaging and accompanied by the return form (to be completed and printed).
If you wish an exchange, it will only be possible within the limits of available stocks of an identical item of a different size.
The products must be returned to the following address
1923AUTOS / AUTO CLASSIC PASSION
240 rue d'Armentières
THE AUTO CLASSIC PASSION COMPANY could not be held responsible for any loss or damage occurring during transport, it is thus recommended to the Customer to use a service of followed sending. In case of loss or damage during transport, the Customer will have to address directly to his carrier. If the articles are not received at the warehouse, THE AUTO CLASSIC PASSION COMPANY will not be able to treat the return
ARTICLE 9 : RESPONSIBILITY OF THE CUSTOMER
9.1 - ACCEPTANCE OF THE RISKS OF THE INTERNET
THE CUSTOMER recognizes to have taken knowledge of the nature and the principle of functioning of the Internet network, in particular of its technical performances and notably in terms of flow and response time.
THE AUTO CLASSIC PASSION COMPANY does not assume any responsibility on the services accessible by Internet and does not exercise any control of any form on the nature and the characteristics of the data which could transit by the intermediary of its server center.
THE CUSTOMER acknowledges that the data circulating on the Internet is not protected against possible misappropriation.
The communication by THE CUSTOMER of any information of a sensitive or confidential nature is made at his own risk. THE CUSTOMER acknowledges being aware of the risks of hacking, interception of communications, etc..
It is up to the CUSTOMER to take all measures to protect its data and software against any threat or attack(virus, spyware, malware, keylogger, etc.) that may transit through the site http://www.1923autos.fr/.
9.2 - CLIENT'S RESPONSIBILITY
The photographs and illustrations accompanying the PRODUCTS on the Internet site do not have contractual value and could not thus engage the responsibility for the COMPANY AUTO CLASSIC PASSION.
The CUSTOMER is only responsible for the choice of the PRODUCTS. In the same way, THE CUSTOMER is only responsible for the conservation and the use of the PRODUCTS
ARTICLE 10: GUARANTEES
The PRODUCTS supplied by THE AUTO CLASSIC PASSION COMPANY benefit, in accordance with the legal provisions :
- the legal warranty of conformity;
- the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the delivered PRODUCTS and making them unfit for use;
- the manufacturer's warranty, depending on the PRODUCTS and brands concerned.
Consequently, the AUTO CLASSIC PASSION COMPANY remains held of the defects of conformity and the redhibitory defects of the sold products under the conditions envisaged in articles 1641 to 1649 of the Civil code, in the terms and conditions following:
Art. 1641 C. civ - The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it or would only have given a lower price if he had known about them
Art. 1648 al.1 C. civ The action resulting from redhibitory defects must be brought by the buyer, within a short period of time, according to the nature of the redhibitory defects and the usage of the place where the sale was made.
Article L. 211-4 C. conso The seller is required to deliver a good in conformity with the contract and is responsible for defects in conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his expense by the contract or has been carried out under his responsibility.
Article L. 211-5 C. conso To be in conformity with the contract, the good must:
1° Be fit for the purpose usually expected of similar goods and, where appropriate: correspond to the description given by the seller and have the qualities that the latter has presented to the buyer in the form of a sample or model;
Present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 211-12 C. conso :The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Any guarantee is excluded in the event of misuse or negligence on behalf of the CUSTOMER, as in the event of normal wear and tear of the good, of accident or force majeure and the guarantee of the COMPANY AUTO CLASSIC PASSION is limited to the replacement or the refunding of the PRODUCTS not in conformity or affected by a defect.
THE COMPANY AUTO CLASSIC PASSION will replace or will make repair the PRODUCTS judged defective. The PRODUCTS sold on the Internet site are in conformity with the regulations in force in France.
The responsibility of THE AUTO CLASSIC PASSION COMPANY could not be committed in case of non-respect of the legislation of the country in which the PRODUCTS are delivered, that it is up to the CUSTOMER to verify.
In the hypothesis where the responsibility of the AUTO CLASSIC PASSION COMPANY was to be retained within the framework of any judicial or arbitral authority, and in particular by a judicial decision passed in force of judgement, the parts agreed that the reparation would be limited to the direct, personal and certain damage of the CUSTOMER to the exclusion of any other damage and in particular, commercial damage, loss of profit, economic damage or of any nature.
In any case, the amount of the damages which could be allotted to the CUSTOMER would not know how to exceed the amount of the sums effectively paid by THE CUSTOMER in the day of the observation of the fault of THE AUTO CLASSIC PASSION COMPANY by a decision passed in force of judged thing.
ARTICLE 11 - CASE OF FORCE MAJEURE
Neither of the two parts will be held for person in charge with regard to the other of the non-execution or the delays in the execution of an obligation born from the contractual relations and which would be due to the fact of the other part following the occurrence of a case of absolute necessity.
The parties have agreed together that all cases recognized in jurisprudence as well as fire, explosion, failure of transmission networks, collapse of facilities, epidemic, earthquake, flood, power failure, war, embargo, request or requirement of any government institution will be considered as force majeure, strike, boycott, withdrawal of authorization of the telecommunication operator to which THE AUTO CLASSIC PASSION COMPANY is subscribed, suspension or interruption of the access to Internet offered by the provider of access to Internet of THE AUTO CLASSIC PASSION COMPANY, or other circumstance beyond the reasonable control of THE AUTO CLASSIC PASSION COMPANY.
The parts commit themselves mutually to keep themselves promptly and regularly informed of the occurrence and the maintenance of a case of absolute necessity, by any means.
They also commit themselves to satisfy the whole of their obligations within a reasonable time after the cessation of the case of absolute necessity so defined.
However, if the effects of a case of force majeure were to have a duration exceeding THIRTY (30) days, as from the notification of the case of force majeure by one or the other of the parties, the contract could be terminated as of right at the request of any of the parties, without right to compensation on both sides.
ARTICLE 12 - PERSONAL DATA
The data and information of the CUSTOMER transmitted to the AUTO CLASSIC PASSION COMPANY will be preserved and treated according to the legislation in force in France.
THE CUSTOMER has a right of access, of modification, correction or suppression of the personal data collected in application of the Data-processing law and Freedoms of January 6, 1978.
THE AUTO CLASSIC PASSION COMPANY forbids itself, except with the prior written authorization of the CUSTOMER, any disclosure or any resale of nominative data relating to the CUSTOMER, with the exception of those which must necessarily be transmitted for the execution of the CONTRACT in particular with the Suppliers and subcontractors of THE AUTO CLASSIC PASSION COMPANY.
ARTICLE 13 - INTELLECTUAL PROPERTY
THE CUSTOMER recognizes that THE AUTO CLASSIC PASSION COMPANY is the only owner of the Intellectual Property Rights concerning the structure(interface, logos, distinctive signs, design, etc.) as well as the contents(descriptions of PRODUCTS, photos, etc.) of the site http://www.1923autos.fr/.
Any representation, reproduction or extraction, by some process that it is, of one or the other of the elements belonging to THE AUTO CLASSIC PASSION COMPANY without its authorization is strictly forbidden under penalty of legal proceedings.
The offender exposes himself to civil and penal sanctions and in particular to the penalties envisaged in articles L. 335-1 and following of the Code of the Intellectual Property.
A right of reproduction is authorized for all or part of the contents of the site for storage for the purposes of representation and reproduction on a single screen, in one copy, for backup or printing on paper.
This right is granted for strictly personal, private and non-collective use.
Any networking, redistribution or marketing of this content, in whole or in part, to third parties, in any form whatsoever, is strictly forbidden.
The authorization to reproduce/diffuse in public one or the other elements of the site can be obtained by contacting THE AUTO CLASSIC PASSION COMPANY by e-mail via the contact form available on the home page of the website: http: //www.1923autos.fr/.
ARTICLE 14 - TRANSFERABILITY
THE CUSTOMER refrains from transferring all or part of the CONTRACT concluded with THE AUTO CLASSIC PASSION COMPANY.
On the other hand, THE AUTO CLASSIC PASSION COMPANY reserves the faculty to yield, transfer or bring to a third party, in some form that it is the rights and obligations born from the CONTRACT.
THE CUSTOMER recognizes these possibilities, in particular that of assigning or transferring the CONTRACT concluded with THE CUSTOMER to the benefit of a transferee and he accepts this transfer today. THE CUSTOMER does not make the person of the assignee a condition of his agreement. THE CUSTOMER may be informed by any means of the assignment or transfer and waives the formality of Article 1690 of the Civil Code.
ARTICLE 15 - DIVISIBILITY
The invalidity of any of the clauses of these GTC as a result of a court decision that has become final shall not under any circumstances affect the validity and effectiveness of the other clauses, which shall remain in full force and effect.
Thus, the invalidation of one of the provisions of these GENERAL TERMS AND CONDITIONS shall only result in the invalidation of the entire agreement if the disputed provision can be considered, in the minds of the parties, to be substantial and decisive, and if its invalidation calls into question the general balance of the agreement.
In such a case, the parties shall, as far as possible, replace the clause or stipulation thus cancelled or deemed unwritten by another stipulation respecting the spirit and purpose of the present agreement.
ARTICLE 16 - TOLERANCE
The fact that THE AUTO CLASSIC PASSION COMPANY does not take advantage of one of the stipulations of the present CONTRACT or tolerates a breach of one of the obligations of the CUSTOMER will not be able to be interpreted in any case as being worth implicit renunciation to take advantage later of the present GENERAL CONDITIONS.
Any waiver of any of the provisions of these GENERAL TERMS AND CONDITIONS may only be made expressly and unequivocally.
ARTICLE 17 - DISPUTES AND APPLICABLE LAW
17.1 - CONCILIATION
In the event of any dispute or disagreement arising from the formation, performance, interpretation and termination of this agreement in relation to the interpretation and/or performance of these General Terms and Conditions, the undersigned shall endeavour to resolve any difficulties they encounter amicably.
17.2 - COMPETENT JURISDICTION FOR ANY DISPUTE WITH A CONSUMER CUSTOMER
In the absence of agreement and conciliation, the parties agree to decide that the dispute will fall under the jurisdiction of the competent national courts in accordance with the provisions of Articles 42 and 46 of the Code of Civil Procedure.
17-3 COMPETENT JURISDICTION FOR ANY DISPUTE WITH A PROFESSIONAL CLIENT
In the absence of agreement and conciliation, the parties agree to decide that the dispute will fall under the jurisdiction of the Commercial Court of LILLE MÉTROPOLE, notwithstanding the plurality of defendants or the introduction of third parties, including for emergency measures, protective measures in summary proceedings or on request.
17.4 - APPLICABLE LAW
These GENERAL CONDITIONS are governed by French law to the exclusion of all others. The parties do not intend in any event to apply the rules of French private international law.
ARTICLE 18 - CUSTOMER ACCEPTANCE
After complete reading of the present GENERAL CONDITIONS, these last ones are expressly agreed and accepted by THE CUSTOMER, who declares and recognizes to have a perfect knowledge of them, and renounces, of this fact, to prevail himself of any contradictory document, which will be inopposable to THE AUTO CLASSIC PASSION COMPANY, even if he had knowledge of them, except express and written manifestation emanating from THE AUTO CLASSIC PASSION COMPANY.