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THE PRESENT ARE CONCLUDED BETWEEN :
THE COMPANY AUTO CLASSIC PASSION
OF THE ONE PART,
AND,
Any natural person, non-professional, acting as a consumer;
Hereinafter referred to as "CUSTOMER CONSUMER
Any individual or legal entity, acting as a professional.
Hereinafter referred to as "PROFESSIONAL CUSTOMER
And more generally "CUSTOMER", in the plural as well as the singular;
ON THE OTHER HAND;
PREAMBLE
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 the Internet site: http://www.1923shop.com/.
The present site of electronic commerce is edited by the AUTO CLASSIC PASSION COMPANY, Limited Liability Company, with a capital of 50.000 euros, registered in the Trade and Companies Register of LILLE METROPOLE under the number 792 524 399, whose head office is SARL AUTO CLASSIC PASSION 59130 LAMBERSART. The number of intra-community VAT of the Company AUTO CLASSIC PASSION is FR01792524399.
The present GENERAL 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" indicates the space "My account" available on the site www.1923shop.com and allowing the CUSTOMER to reach after having connected to the PERSONAL DATA concerning him;
"PERSONAL DATA" means the CUSTOMER's last name, first name, mailing and billing address, email address and payment methods;
"REGISTRATION" refers to the process of creating an ACCOUNT on the website www.1923shop.com. For this purpose, 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.1923shop.com
ARTICLE 2 - OBJECT AND ACCEPTANCE OF THE GENERAL CONDITIONS
1.1 - 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.1923shop.com.
These GENERAL CONDITIONS apply to the exclusion of all other conditions, and notably those applicable for the sales in store or by means of other circuits of distribution and marketing.
These GENERAL TERMS AND CONDITIONS are available at any time on the www.1923shop.com website and shall prevail over any other version or any other conflicting document.
Except contrary proof, the data recorded by THE COMPANY AUTO CLASSIC PASSION constitute the proof of the whole of the transactions
THE CUSTOMER recognizes to have acquainted with the characteristics of the PRODUCTS supplied by THE AUTO CLASSIC PASSION COMPANY before any ORDER, so that he declares to be perfectly informed of the nature and the characteristics of the PRODUCTS which he buys.
1.2 - 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 A CUSTOMER ACCOUNT
The placing of any ORDER presupposes the creation of a CUSTOMER ACCOUNT on the website www.1923shop.com.
The CUSTOMER accesses the page "REGISTRATION / CONNECTION" by hovering over the icon "REGISTRATION / CONNECTION" located on the homepage of the website www.1923shop.com.
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 CLIENT must also define a password.
Once the CUSTOMER ACCOUNT is created, the CUSTOMER is redirected to his "MY ACCOUNT" space where he can manage his personal information, his ORDERS and his addresses.
An acknowledgement of receipt is sent by return to the email address provided in the registration form, as confirmation of the acceptance of his 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 up to the CUSTOMER to select on the site the PRODUCTS he/she wishes to order, according to the following modalities:
Add PRODUCTS to the shopping cart by clicking on "ADD TO CART";
Click on " I FINISH MY ORDER " and then " VALIDATE MY ORDER ";
Fill in the "YOUR ADDRESS" form;
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 validated, THE AUTO CLASSIC PASSION COMPANY acknowledges by e-mail to the address informed by the CUSTOMER on his CUSTOMER ACCOUNT.
This E-MAIL of confirmation of ORDER takes back 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 30 working days as from the delivery of PRODUCTS to turn over those to the COMPANY AUTO CLASSIC PASSION for exchange or refunding, provided that PRODUCTS are turned over in their packing of origin and in perfect state in the 30 days following the delivery. The damaged, soiled or incomplete articles are not taken back.
Return shipping costs will be charged to the CUSTOMER. Except for exceptions, see details in the exchange and refund conditions
The return of the PRODUCTS must be accompanied by the return form. The exchange, subject to availability, or the refund will be made within five (5) 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 to 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, expedition, 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 - CONDITIONS OF PAYMENT
7.1 - TERMS OF PAYMENT
The payment is made in cash at the day of the placing of the ORDER, either :
by PAYPAL. By choosing to pay by PAYPAL, the customer declares that he/she has read and accepted without reservation the general conditions of the PAYPAL service;
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 credit card is provided by CREDIT AGRICOLE via the platform E-TRANSACTION Crédit Agricole S.A. is a (credit institution under French law approved by the Autorité de Contrôle Prudentiel (ACP, 61, rue Taitbout 75 436 Paris Cedex 09)) which incorporates an encryption process in SSL mode.
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 the whole of the transactions.
7.3 - LATE PAYMENT PENALTIES AND FIXED COMPENSATION FOR COLLECTION COSTS DUE BY THE PROFESSIONAL CUSTOMER
Any delay of payment of the PROFESSIONAL CUSTOMER will involve a delay penalty, equal to the last rate of refinancing of the ECB, increased by 10 points, calculated pro rata temporis on the remaining sums due, in accordance with the provisions of the article L. 441-6 Code of Commerce.
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 No. 2012-387 of March 22, 2012 and its implementing decree No. 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 reshipment of the ORDER will be invoiced and taken in charge 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 15 days to the address chosen by THE CUSTOMER during his ORDER on the Internet site.
THE COMPANY AUTO CLASSIC PASSION makes a commitment to make its best efforts to deliver the PRODUCTS ordered by THE CUSTOMER within the times indicated during the placing of the ORDER
However, these deadlines are communicated as an indication and a possible overtaking will not be able to 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 20 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 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 linked to it will be the object of a specific complementary invoicing, on estimate beforehand accepted in writing by THE CUSTOMER.
Except in particular case or unavailability of one or several PRODUCTS, the ordered PRODUCTS will be delivered in one time.
In all cases, the CUSTOMER will be solely responsible for any customs clearance fees, customs duties, taxes and other official charges due to 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 this last one, 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 or GLS.
THE AUTO CLASSIC PASSION COMPANY declines any responsibility in case of loss or theft after this provision.
THE CUSTOMER is held to verify the state of the delivered PRODUCTS. He must report in writing on the delivery order of the carrier all reserves or complaints for nonconformity or apparent defect of the delivered PRODUCTS. If necessary, the CLIENT may refuse to accept the package.
In the absence of having respected these formalities, the PRODUCTS will be considered in conformity and free of any apparent defect and no complaint will be able to 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 to have his order delivered in a relay point, only in Metropolitan France and Corsica, thanks to the services of the COMPANY MONDIAL RELAY.
By choosing the delivery method in relay, the customer declares to have taken knowledge and adhered without reserve to the general conditions of SOCIETE MONDIAL RELAY.
The average delivery time in relay is FIVE (5) working days.
The customer is informed by e-mail and or by SMS from SOCIETE MONDIAL RELAY of the arrival of his parcel in the relay. He has a period of TEN (10) working days from the date of sending the email to withdraw his order, and this, on presentation of a valid identity document.
At the end of this period, the parcel will be considered as abandoned and will not be subject to any claim by the customer.
Once the parcel returned in the premises of THE COMPANY AUTO CLASSIC PASSION. 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
DEADLINE : The request of return or refund must be formulated within 30 days as from the day of the reception of the order by the customer. During the Christmas period, for a BIRTHDAY or an exceptional case, we understand that 30 days can be too short. If we are notified and the item is in range, we accept returns and refund requests with more flexibility on the time frame. To do so, please just send us an email request, [email protected]or by phone +33 6 38 37 54 54.
PRODUCTS
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. Unfortunately, if the items do not meet these conditions and if they are damaged upon receipt, we will not be able to validate the exchange or refund. We thank you for your understanding.
RETURN SHIPPING COSTS : The return is at the expense of the customer, except in case of :
Product defect, (noted within 15 days or on request)
The exchange of a leather jacket or shoes out of promotion delivered in zone Euros and whose mention is specified in the product sheet
To do this, please send us a request by email [email protected]or by phone +33 6 38 37 54 54. We will send you a free return slip.
Please note that the return voucher is free in case of exchange. After having benefited from the free return and if the customer wishes a refund, we will deduct a fixed price of 6.90 euros.
IN CASE OF EXCHANGE :
Free return (1 time) of the product to the customer in case of exchange, (except outside EU zone, It will be charged 19€). Do not hesitate to inform us so that we reserve your product or the desired size.
If your request for exchange corresponds to an article whose price is different, we will contact you to make a refund or a complement if necessary
The return of the articles to the customer in case of exchange is free except outside the Euro zone.
(outside the Euro zone it will be charged 19 euros)
IN CASE OF REFUND:
For orders in the EU zone, upon receipt of your package and if your return is in compliance, you will receive a refund of the amount of your order on the payment method used, within 5 days
For orders outside the EU zone, upon receipt of your package and if your return is in compliance, you will receive a refund of the amount of your order on the payment method used, deducted 19 €, within 5 days
THE COMPANY AUTO CLASSIC PASSION cannot be held responsible for any loss or damage during transport, so it is recommended that the Customer use a tracking service. In the event of loss or damage during transport, the Customer should contact the carrier directly. 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 time of response.
THE AUTO CLASSIC PASSION COMPANY does not assume any responsibility on the services accessible by Internet and does not exercise any control of some form that it is on the nature and the characteristics of the data which could pass by the intermediary of its server center.
THE CUSTOMER acknowledges that the data circulating on the Internet is not protected, in particular 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 his data and software against any threat or attack (virus, spyware, malware, keylogger, etc.) that may transit through the site www.1923shop.com.
.
.
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 of 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 in the conditions foreseen in the articles 1641 to 1649 of the Civil code, in the terms and conditions following:
Art. 1641 C. civ - The salesman is held of the guarantee because of the hidden defects of the sold thing which make it unfit for the use for which it is intended, or which decrease so much this use that the buyer would not have acquired it or would have given only a lesser price of it if he had known them.
Art. 1648 al.1 C. civ. - The action resulting from redhibitory defects must be brought by the purchaser, 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 obliged to deliver a good in conformity with the contract and is responsible for defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge 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 goods 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 he presented to the buyer in the form of a sample or model;
To present the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity 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 defect of conformity is prescribed by two years as from the delivery of the good.
Any guarantee is excluded in case of misuse or negligence on behalf of the CUSTOMER, as in case of normal wear and tear of the good, of accident or of force majeure and the guarantee of the COMPANY AUTO CLASSIC PASSION is limited to the replacement or to the refunding of the PRODUCTS not in conformity or affected of a defect.
THE AUTO CLASSIC PASSION COMPANY will replace or repair the PRODUCTS judged defective. The PRODUCTS sold on the Internet site are in conformity with the regulation in force in France.
The responsibility of the COMPANY AUTO CLASSIC PASSION would not know how to be engaged 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 had to be retained within the framework of any judicial or arbitral authority, and notably by a judicial decision passed in force of judgement, the parts agreed that the repair would be limited to the direct, personal and certain damage of the CUSTOMER to the exclusion of any other damage and notably, 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 report 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 will be considered as force majeure, 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, 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 in a reasonable time after the cessation of the case of absolute necessity so defined.
However, if the effects of a case of absolute necessity were to have a duration higher than THIRTY (30) days, as from the notification of the case of absolute necessity by one or the other of the parts, the contract could be cancelled by rights at the request of any of the parts, 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 kept and treated in accordance with the legislation in force in France.
THE CUSTOMER has a right of access, modification, rectification or deletion of the personal data collected in application of the law Informatiques and Liberties of January 6th, 1978.
THE AUTO CLASSIC PASSION COMPANY forbids itself, except prior written authorization of the CUSTOMER, any disclosure or any resale of nominative data relative to the CUSTOMER, with the exception of those necessarily having to be transmitted for the execution of the CONTRACT notably 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 Rights of Intellectual Property concerning so much the structure (interface, logos, distinctive signs, design, etc.) that on the contents (descriptions of PRODUCTS, photos, etc.) of the site www.1923shop.com.
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 notably to the penalties envisaged in the 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 total or partial marketing of this content to third parties, in any form whatsoever, is strictly prohibited.
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: www.1923shop.com
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, to transfer or to bring to a third party, under any form that it is the rights and obligations born from the CONTRACT.
CUSTOMER acknowledges these possibilities, including the possibility of assigning or transferring the CONTRACT with CUSTOMER to an assignee, and now agrees to such transfer. 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 nullity of one of the clauses of the present contract as a result of a court decision that has become final shall not in any way call into question the validity and effectiveness of the other clauses, which shall retain their full effect and scope.
Thus, the invalidation of any provision 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 would call into question the overall 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 for THE AUTO CLASSIC PASSION COMPANY not to prevail itself of one of the stipulations of the present CONTRACT or to tolerate a breach in one of the obligations of the CUSTOMER will not be able to be interpreted in no case as being worth implicit renunciation to prevail itself later on 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 controversy arising from the formation, performance, interpretation and termination of this Agreement in connection with the interpretation and/or performance of these General Terms and Conditions, the undersigned shall endeavor to settle any difficulties they encounter amicably.
17.2 - 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 CUSTOMER
In the absence of agreement and conciliation, the parties agree to decide that the dispute will be dealt with by the Commercial Court of LILLE METROPOLE, 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 TERMS AND CONDITIONS shall be governed by French law to the exclusion of all others. The parties do not intend 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 it, 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 it, except express and written manifestations emanating from THE AUTO CLASSIC PASSION COMPANY.