OUR GENERAL TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF ONLINE SALES
Effective 01/01/2020
1 CONTACT INFORMATION
1.1 The products offered on the website accessible at www.RootSlayer.fr are sold by the company VENTEO, a limited liability company under French law, with capital of 640,000 euros, registered in the Pontoise Trade and Companies Register under number 491 166 971, having its registered office at Parc d'Activités du Vert Galant, 17 Rue de la Garenne - CS90021 SAINT OUEN L'AUMONE 95046 CERGY PONTOISE CEDEX, France (hereinafter referred to as "RootSlayer"),
Address of the warehouse 17 Rue de la Garenne ZAC VERT GALANT 95310 SAINT OUEN AUMONE
Represented by its current manager, Mr. Nicolas PIERRONNET, in his capacity as Chairman.
1.2 RootSlayer is subject to value added tax and is identified by the following intra-community VAT number : FR18491166971.
1.3 RootSlayer can be reached by telephone at 33 (0)1 30 30 19 02, by e-mail at contact@rootslayer.fr, or by Fax at 33 (0)1 34 25 86 51.
2 DEFINITIONS
In these general terms and conditions, the terms and expressions identified by a capital letter have the meaning indicated below, whether they are used in the singular or plural.
2.1 Customer: means any person who uses the Site or who purchases one or more Products.
2.2 Access code: means the identifier and password allowing the Customer to identify himself and to access his Customer Account.
2.3 Order: designates the purchase by a Customer, on the Site or by telephone, of all the Products summarized in his Basket.
2.4 Customer Account: designates the individual space on the Site on which the Customer can access his Orders.
2.5 General Terms and Conditions: refers to the present general terms and conditions of sale and use of the Site.
2.6 Contract: refers to the contract of sale of Products, formed between RootSlayer and the Customer at the time of validation of an Order and effective payment of the total Price. The Contract is formed by these General Terms and Conditions and an Order.
2.7 Basket: refers to the list of Products selected by the Customer for an Order.
2.8 Total Price: means the price corresponding to all the Products in the Basket validated by the Customer and which are the subject of an Order, including delivery costs.
2.9 Products: shall collectively designate the Products marketed on the Site.
2.10 Website or Site: shall designate the website published and operated by RootSlayer, accessible at the address www.RootSlayer.fr, or any other website that COMMEALATV may substitute.
3 PURPOSE
3.1 These General Terms and Conditions govern the conditions of use of the Website and the conditions under which RootSlayer sells the Products to the Customers.
3.2 RootSlayer may amend the General Terms and Conditions in order to take into account any legal, jurisprudential, economic or technical developments. In such a case, the modifications will come into force as soon as they are put online but will only be applicable to purchases made after they are put online. It is therefore imperative that the Customer consults and accepts the General Terms and Conditions when he validates his Order, in particular in order to ascertain the contractual stipulations in force.
4 CONTRACTUAL DOCUMENTS
4.1 The Contract constitutes the entire contract between RootSlayer and the Customer with respect to an Order.
4.2 Confirmation of the Order constitutes acceptance of these General Terms and Conditions, which the Customer expressly acknowledges having read and understood and having been able to download or print them, as the case may be.
4.3 These General Terms and Conditions are up to date as of 01/01/2020. They cancel and replace any previous version.
5 USE OF THE SITE AND CUSTOMER ACCOUNT
5.1 Every Customer must be a person not acting for professional purposes, be at least 18 years of age and have the legal capacity to contract and use the Site in accordance with these Terms and Conditions.
5.2 In order to proceed with the Order of a Product, the Customer must first create a Customer Account on the Site, by consulting and accepting the present General Terms and Conditions and by communicating to RootSlayer all the information and personal data designated as mandatory by an asterisk. This Customer Account allows the Customer to identify himself on the site, by means of his Access Codes. Each Access Code is personal, individual and confidential. The Customer is responsible for the use of his Access Codes.
5.3 The Customer guarantees the accuracy and truthfulness of the information communicated by him to RootSlayer.
5.4 The Site allows the Customer with a customer account to search, order and pay for Products. It also allows the Customer to find all the information relating to his Orders.
5.5 In case of non-compliance with the terms of use of the Site or abusive or fraudulent use of the Site, RootSlayer may refuse a user access to the Site and place an Order, or even delete the Customer Account.
5.6 The Customer Account may be deleted by RootSlayer in case of inactivity for a period of two years.
6 PRE-CONTRACTUAL INFORMATION
6.1 In order to obtain all information prior to the conclusion of a Contract with RootSlayer, the Customer is invited to consult the pages of the Site, in particular those relating to the Products.
6.2 In accordance with article L. 111-1 of the French Consumer Code, the pages relating to each of the Products accessible on the Website contain information on the essential characteristics of these Products, their price and their delivery time. The information relating to the methods of payment, as well as the conditions for modifying and cancelling an Order are provided for in these General Terms and Conditions, which are part of the pre-contractual information referred to in Article L. 221-5 of the French Consumer Code.
6.3 RootSlayer expressly reserves the right to make changes to the information on the Website, in particular with regard to the description, content, availability dates and prices of the Products.
7 PRODUCT ORDERING PROCESS
7.1 The Customer agrees to conclude Contracts in electronic form, via the Website or by telephone.
7.2 The ordering process on the Website is as follows:
the Customer identifies himself on the Website ;
after having consulted the pages relating to the Products and read their descriptions, the Customer selects the Product(s) of his choice which are then summarised in his Basket. The Customer is informed by consulting his Shopping Cart of the means of payment accepted by RootSlayer and any restrictions on the delivery of the Products selected in the Shopping Cart;
The Customer provides all the information requested by the Site and necessary for the Order of the selected Products;
the Customer validates the order of all the Products registered in his Basket;
the Customer chooses a means of payment and is clearly informed that the placing of an order requires payment;
the Customer can then consult and check the details of his order and its total Price, correct any errors, before confirming his order by expressing his acceptance and proceeding at the same time to the electronic payment of the sum to be paid, corresponding to the total Price;
the Contract validly concluded between the Customer and RootSlayer then gives rise to the sending by RootSlayer of an e-mail of acknowledgement and confirmation to the Customer, containing the essential elements of the order, such as the identification of the ordered Product(s) and the total Price, as well as the conditions and modalities for exercising his right of withdrawal. All this information and the Basket corresponding to this Order are also accessible by the Customer from his customer account on the Site.
7.3 If RootSlayer contacts the Customer by telephone in order to conclude or modify a Contract concerning the sale of a Product, RootSlayer's employee will inform the Customer at the beginning of the conversation of his identity and the commercial nature of the Product. At the end of this call, RootSlayer sends the Customer, on paper or on a durable medium, a confirmation of the offer that he has made containing all pre-contractual information as well as the conditions and modalities for exercising his right of withdrawal. The Customer shall only be bound by this offer after having signed and accepted it in writing or having given his consent electronically.
7.4 Subject to the Customer's exercise of his right of withdrawal, the Contract between the Customer and RootSlayer becomes final and irrevocable upon validation of his Order by the Customer and effective payment of the total Price at the time of such validation, subject to the cases of modification or cancellation provided for in these General Terms and Conditions.
7.5 In the context of processing orders, RootSlayer systematically checks the availability of the Products ordered. In the event that one or more Products prove to be unavailable, RootSlayer may propose to the Customer a modification of the delivery time of the Products ordered, or failing this, the reimbursement of the totality of the order.
8 PRODUCT DELIVERY
8.1 Delivery territories
8.1.1 RootSlayer can deliver the products in France (including DROM, COM, POM and TOM), Belgium, Luxembourg and Switzerland, United Kingdom, Ireland , Scotland , Netherland , Portugal, Spain, Germany.
8.2 Delivery times
8.2.1 RootSlayer undertakes to deliver the Products as soon as possible and no later than 30 days after conclusion of the Contract.
8.2.2 Failing this, the Customer may terminate the Agreement by registered letter with acknowledgement of receipt or in writing on another durable medium if, after having instructed RootSlayer to deliver the Products within a reasonable additional period of time, RootSlayer would not have done so within this period of time. In the event of cancellation, a refund of the full amount paid shall be sent to the Customer at the latest within fourteen days of the date on which the Agreement was terminated.
8.3 Terms of delivery
8.3.1 Delivery is carried out by So Colissimo or DPD, and allows the Customer to choose the mode (home, parcel relay) and place of delivery of his choice during the Order process.
8.3.2 The Products that are the subject of the Order are delivered to the delivery address indicated by the Customer at the time of the Order.
8.3.3 In the event of an error by the Customer in the delivery method or address, RootSlayer cannot be held responsible for the impossibility of delivering the Product(s) ordered.
8.4 Delivery costs
8.4.1 Delivery costs are to be paid by the Customer and are indicated to him/her during the Order process and in any event before confirmation of the Order.
8.4.2 In the event of an Order for Products whose total weight is greater than ninety (90) kilograms (Kg), the Customer will contact RootSlayer who will draw up a specific estimate of the delivery costs for these Products.
8.4.3 Deliveries outside of metropolitan France and more particularly in Switzerland, in the DOM and TOM and Great Britain may be subject to customs clearance fees which are payable by the Customer. The Customer may also have to pay taxes and customs duties on the Products. These fees, taxes and customs duties are not included in the total Price and shall be borne by the Customer upon receipt of the package.
9 RIGHT OF WITHDRAWAL
9.1 Right of withdrawal and withdrawal period
9.1.1 The Customer has the right to withdraw from the Contract, without giving any reason, as soon as the Contract is concluded and within a maximum period of fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, has taken physical possession of the Products ordered, or of the last of the Products ordered if the latter were the subject of a single Order but were delivered separately.
9.1.2 In order for the withdrawal period to be respected, it is sufficient for the Customer to inform RootSlayer of his decision to withdraw in accordance with the terms of article 7.2 above, before the expiry of the withdrawal period.
9.1.3 Notwithstanding article 7.1.1 above, the Customer is informed that he does not have the right to withdraw from the contract for Products which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection, in accordance with article L 221-28 5° of the French Consumer Code.
9.1. 4 The following Products, even unsealed, may be subject to the exercise of a Right of Withdrawal, unless they have been used by the Customer in such a way that they cannot be withdrawn, as provided for in the aforementioned Article L 221-28 5°, for reasons of hygiene or health protection : depilators, hair massage products, manicure appliances, slimming shorts, foot rasps, anti-cellulite appliances, pillows, hair clippers, bras, correction pens and anti-insect sprays.
9.2 Methods of exercising the right of retraction
9.2.1 To exercise his right of withdrawal, the Customer must :
- Notify RootSlayer, at the address given at the top of these General Terms and Conditions, of his decision to withdraw from the Contract by means of an unambiguous statement, by mail, fax or e-mail. The Customer can use the model WITHDRAWAL FORM accessible from this link, without the use of this form being obligatory.
- return to RootSlayer, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw, the Product(s) subject to the Customer's withdrawal, at his expense, by sending them in their original packaging and in new condition to the following address : RootSlayer, Parc d'Activités du Vert Galant, 17 rue de la Garenne - CS90021 SAINT OUEN L'AUMONE- 95046 CERGY PONTOISE CEDEX. The Customer may only be held liable for Products returned in this way with regard to the depreciation of these Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these Products.
9.3 Effect of exercising the right of withdrawal
9.3.1 The exercise of the right of withdrawal terminates the parties' obligation to perform the Contract.
9.3.2 In case of withdrawal, RootSlayer will refund all payments received from the Customer regarding the Products subject to withdrawal, including delivery costs, with the exception of additional costs resulting from the Customer's choice of a delivery method other than the cheaper standard delivery method offered by RootSlayer .
9.3.3 RootSlayer will reimburse the Customer as soon as possible and no later than fourteen (14) days after RootSlayer has been informed of the Customer's decision to withdraw.
9.3.4 In the event of non-receipt of the return of the Products subject to withdrawal, RootSlayer may postpone the aforementioned refund until the date of recovery of the Products or until the Customer has provided proof of the dispatch of these Products, whichever comes first.
9.3.5 RootSlayer will proceed, free of charge, to the refund by using the same means of payment that the Customer has used for the Order of the Products subject to withdrawal, unless the Customer accepts a refund in the form of a credit note, it being specified that in this case the Customer's account will be credited with a gift voucher for an amount also equal to 10% of the price of the Products subject to withdrawal, this amount being capped at the sum of twenty (20) euros.
9.3.6 RootSlayer will not proceed to any refund if the Customer has not respected the conditions for exercising his right of withdrawal, namely in the event of failure to respect the withdrawal period, or in the event of the return of a product that has been unsealed, used, damaged or soiled.
10 FINANCIAL AND PAYMENT CONDITIONS
10.1 The pages of the Site specify the price of each Product.
10.2 The prices are indicated in euros and are understood to include all taxes (including VAT) and excluding delivery costs. The delivery costs to be paid by the Customer are indicated at the latest at the time of the order and are included in the total Price.
10.3 Unless otherwise stipulated, the price reductions and special or promotional offers mentioned on the Site are valid on the day of their posting and cannot be combined with each other, nor with other price reductions or promotional offers offered by RootSlayer from time to time.
10.4 In the event of rejection of a payment made by the Customer or in the event of partial payment of the total Price by the Customer, the Contract between RootSlayer and the Customer will not be formed and RootSlayer will not be bound by any obligation, except to return the partial payment received from the Customer as soon as possible.
11 WARRANTIES
11.1 Statutory guarantees
11.1.1 In accordance with the regulations in force, the Customer benefits from the legal guarantee of conformity provided for in articles L. 217-4 to L. 217-14 of the Consumer Code, as well as the legal guarantee of defects in the thing sold (known as "hidden defects") provided for in articles 1641 to 1649 of the Civil Code.
11.1.2 Within the framework of the implementation of the legal guarantees, the Customer may choose between repairing or replacing the goods unless, in accordance with Article L.217-7 of the Consumer Code, the Customer's choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. Furthermore, if it is impossible to repair and replace the product, the Customer may return the product and have the price refunded, or keep the product and have part of the price refunded.
11.1.3 The same option is open to him (i) if the solution requested, proposed or agreed pursuant to Article L. 217-9 of the French Consumer Code cannot be implemented within one month of the Customer's complaint or (ii) if this solution cannot be implemented without major inconvenience to the Customer given the nature of the good and the use he is seeking.
11.1.4 Nevertheless, the Agreement may not be terminated if the lack of conformity is minor.
11.1.5 Where the Consumer is acting under a legal guarantee of conformity, he shall have a period of two years from delivery of the goods to act.
11.1.6 The legal guarantee of conformity applies independently of the commercial guarantee stipulated in Article 9.2 above.
11.1.7 The Customer may always decide to implement the guarantee against hidden defects from the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
11.2 Commercial guarantee
11.2.1 All Products sold by RootSlayer are covered by a commercial warranty of one year, except for electrical equipment which is guaranteed for two years, including parts and labour, from the date of delivery to the Customer.
11.2.2 As an exception to Article 9.2.1 above, the following products do not benefit from any commercial guarantee: textile articles, clothing, lingerie, consumables, cosmetics, cleaning products and food products.
11.2.3 During this commercial guarantee period, if the Product proves to be defective, the Customer is invited to contact RootSlayer's Customer Relationship Service by telephone at +33(0)130301902. The Customer will be informed of the procedure to be followed to return the Product concerned.
11.2.4 The Customer must then return the Product to RootSlayer, at his own expense, by sending it in its original packaging and in new condition to the following address: VENTEO RootSlayer , Parc d'Activités du Vert Galant, 17 rue de la Garenne ZAC VERT GALANT 95310 SAINT OUEN AUMONE. The risks linked to the return of the defective item are the responsibility of the Customer.
11.2.5 The return of this Product must be accompanied by the invoice and a letter describing the alleged defect.
11.2.6 After examination of the Product, RootSlayer reserves the right to either exchange the Product, repair it or refund the purchase price. The exchange or refund will take place within forty-five (45) days of receipt of the Product by RootSlayer.
11.2.7 The repaired or exchanged Product will be delivered to the Customer as soon as possible and at RootSlayer's expense.
11.2.8 The Customer shall not be entitled to the commercial guarantee if the defect is the result of a defect in the Product:
- normal wear and tear of the Product and/or parts and/or accessories;
- abnormal use and/or incorrect handling;
- a lack of maintenance;
- use, installation or connection that does not comply with the manufacturer's specifications;
- commercial or collective use;
- the use of unsuitable peripherals, accessories or consumables;
- repairs carried out by a third party not approved by RootSlayer and/or the manufacturer.
12 LIABILITY
12.1 Absence of responsibility and guarantee in the context of the use of the Site
12.1.1 RootSlayer does not grant any guarantee to the Customer regarding the absence of anomalies that could affect the navigation on the Website or the implementation of any functionality of the Website, the lack of availability of the Website, the absence of interruption or breakdown in the operation of the Website, or the possible compatibility of the Website with a particular hardware or configuration.
12.1.2 It is up to the Customer to have, at his own expense, the necessary computer equipment and software and an Internet connection.
12.1.3 Under no circumstances will RootSlayer be liable for direct, indirect or immaterial, foreseeable or unforeseeable damages (including loss of profits or opportunity) resulting from the supply, use or total or partial impossibility to use the functionality of the Website. The hypertext links present on the Website enabling the Customer to be referred to other websites are solely intended to facilitate the Customer's searches. In any event, the Customer declares that it is aware of the characteristics and limitations of the Internet, in particular its technical performance, response times for consulting, querying or transferring data and the risks related to the security of electronic communications.
12.1.4 The Customer is informed that RootSlayer has the right to interrupt access to the Site and the Customer Account for maintenance, repair or troubleshooting.
12.1.5 RootSlayer cannot be held liable for any breach of its obligations resulting from : (i) the disclosure, loss, theft or loan by the Customer of his Access Codes to his Customer Account, (ii) any damage related to a malfunction of the Internet or any risks related to the use of the Internet, or (iii) a case of force majeure as defined in Article 16 below.
12.2 Liability in connection with the performance of the Agreement
12.2.1 The company RootSlayer is responsible for the proper execution of the obligations resulting from the Contract concluded with the Customer, under the conditions set forth in Article L. 221-15 of the Consumer Code.
12.2.2 Under no circumstances can RootSlayer be held liable for the non-execution or poor execution of the Contract, when these failures are attributable either to the Customer or to the unforeseeable and insurmountable fact of a third party not involved in the supply of the Products, or to a case of force majeure.
13 COMPLAINTS
13.1 The Customer who has any observations regarding the execution of the Contract or the ordered Products must do so, by any means that allows acknowledgement of receipt, to RootSlayer within thirty (30) days following the delivery of the Products.
13.2 RootSlayer will use its best efforts to deal with any complaints within four (4) weeks of receipt. However, this period is only indicative and may be longer depending on the complexity of the complaint.
14 INTELLECTUAL PROPERTY RIGHTS
14.1 The Website, its content and all its constituent elements are creations for which RootSlayer is the owner of all intellectual property rights or exploitation rights, in particular under copyright, database law, trademark law and design law.
14.2 The Website, as well as the software, databases, texts, information, analyses, images, photographs, videos, graphics, logos, sounds or any other data contained on the Website remain the exclusive property of RootSlayer or, as the case may be, of their respective owners with whom RootSlayer has entered into user or exploitation agreements.
14.3 The Customer is granted a non-exclusive, non-transferable right to use the Website and the data contained on the Website for private and personal purposes only. The right thus granted consists of (i) a right to consult online the data and information contained on the Website and (ii) a reproduction right consisting of printing or saving the data and information consulted. This right of use is intended for strictly private use only.
14.4 Any other use of the Website, in particular commercial use, on the part of the Customer is prohibited. In particular, the Customer shall refrain from reproducing or representing for any use other than private use, selling, distributing, issuing, translating, adapting, broadcasting and communicating in whole or in part in any form whatsoever any element, information or data from the Website.
14.5 In addition, the Customer shall refrain from introducing, by any means whatsoever, data that may modify or harm the content or presentation of the Website.
14.6 Any hypertext link pointing to the Website, whatever the type of link, must be subject to prior authorization by RootSlayer, on paper or electronic media.
14.7 The present General Terms and Conditions do not have the effect of transferring intellectual property rights to the Customer.
15 PERSONAL DATA
15.1 RootSlayer undertakes to comply with the provisions of Law No. 78-17 of January 6, 1978 relating to computers, files and freedoms with regard to the collection, processing and transfer of personal data concerning its Customers (the "Data") and the provisions of Regulation No. 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data ("RGPD") which came into force on May 25, 2018.
15.2 RootSlayer (the VENTEO company identified at the head of these General Terms and Conditions) is responsible for the processing of Data for the purposes of customer management: management of orders, deliveries, invoices, accounting, customer relationship management, preparation of commercial statistics, management of unpaid invoices and any disputes, commercial prospecting.
15.3 The legal basis for this processing is the Contract (see Article 6.1.b of the European Data Protection Regulation).
15.4 In this context, RootSlayer is led to collect, process and store the Data that the Customer has transmitted to it via the Website's contact form, within the framework of the creation of his online account, the Order process, and any subsequent exchange between the Parties.
15.5 These data are exclusively accessible by authorized RootSlayer personnel who need to have access to them within the framework of their mission (the departments responsible for communication and follow-up of the relationship with Customers and the processing of Orders, and more generally the managers, the persons in charge of the marketing department, the sales department, the administrative departments). They may sometimes be made accessible by RootSlayer to its external service providers, in charge of processing these data on its behalf, and only within the limits of the services they provide to RootSlayer. These are RootSlayer's carriers and IT service providers who may have access to RootSlayer's information systems as part of their services. These data processing operations are governed by a contract between RootSlayer and the service providers concerned.
15.6 These data are not transmitted to countries outside the European Union.
15.7 They are kept for the duration necessary for the management of the commercial relationship with the Customer, then for 3 years for commercial prospecting purposes, unless the Customer exercises his right of opposition. The data are archived for 5 years for purposes of proof in the event of any disputes, and for 10 years to meet the legal obligation to keep accounting documents and supporting documents.
15.8 In accordance with the RGPD and the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify, oppose, portability, erase or limit the processing of his personal data under the conditions and within the limits provided for by the RGPD. The Customer may exercise his rights by sending a letter or an e-mail to RootSlayer at the following address : RootSlayer at the following coordinates VENTEO, Parc d'Activité du Vert Galant, 17 rue de la Garenne CS90021 SAINT OUEN L'AUMONE 95046 CERGY PONTOISE CEDEX or contact@commealatv.com.
15.9 The Client also has the possibility of lodging a complaint with the CNIL.
16 FORCE MAJEURE
16.1 Neither Party shall be deemed to have breached its contractual obligations to the extent that such breach results from a force majeure event as defined by the courts, including in the event of strike, war, attack, riot, revolution, nuclear disaster, climatic or natural events such as cyclone, earthquake, tsunami, tornado. Moreover, force majeure shall only release the Party invoking it from its contractual obligations to the extent and for the time that it is prevented from performing its contractual obligations.
16.2 The Party affected by a case of force majeure shall immediately notify the other Party by telephone and e-mail. In the absence of acknowledgement of receipt of this e-mail sent by the other Party within forty-eight (48) hours, the Party affected by the case of force majeure shall notify the other Party by registered mail with acknowledgement of receipt, producing all useful justifications. The other Party reserves the right to verify and control the reality of the facts.
16.3 The Party that invokes a case of force majeure will do everything possible to reduce as far as possible the harmful effects for the other Party resulting from this situation.
16.4 Each Party shall bear all the costs that it incurs as a result of the occurrence of the case of force majeure.
16.5 In the event that the event giving rise to the force majeure lasts for more than thirty consecutive days, the Parties shall enter into discussions with a view to adopting the appropriate measures according to the circumstances.
16.6 If the Parties are unable to reach agreement, the Party to which the force majeure event is opposed may immediately and ipso jure terminate all or part of the Agreement.
17 GENERAL STIPULATIONS
17.1 Agreement of proof: the Parties agree that they may proceed, by electronic means, to the exchange of information necessary for the execution of these General Terms and Conditions and Product Order Agreements. Any electronic communication between the Parties shall be presumed to have the same evidentiary force as a written document on paper.
17.2 Tolerances: the fact that one of the Parties does not take advantage of a breach by the other Party of any of the obligations referred to in the Agreement shall not be interpreted as a waiver of the obligation in question.
17.3 Partial nullity: in the event of the nullity of a substantial stipulation of the General Terms and Conditions or if this stipulation is deemed to be unwritten, in whole or in part, pursuant to a law or regulation or following a final court decision, the other stipulations shall remain in force and shall retain their full binding force between the Parties.
18 APPLICABLE LAW - LITIGATION
18.1 These General Conditions and the Contracts are governed by French law.
18.2 In the event of a dispute between RootSlayer and a Customer arising from the validity, interpretation, execution or non-execution, interruption or termination of the Contract, and in the absence of a prior amicable agreement, the Customer may, in accordance with the procedure of articles L. 612-1 et seq. of the French Consumer Code, bring the dispute before the Consumer Ombudsman to which RootSlayer is subject, who will attempt to bring the Parties together for an amicable solution:
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"In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. of the Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and has not obtained satisfaction or a reply within two months, he may submit his complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum of one year from the initial complaint.
The MCP MEDIATION mediator can be contacted directly online at the following address: www.mcpmediation.org
Or by post:
MEDIATION DE LA CONSOMMATION & PATRIMOINE
12 Square Desnouettes
75015 PARIS"
The Customer may also make use of the European Union's mediation platform accessible at the following address: www.ec.europa.eu/odr.
18.3 N THE ABSENCE OF AN AMICABLE AGREEMENT BETWEEN THE PARTIES, ANY DISPUTE RELATING TO THE FORMATION OR PERFORMANCE OF CONTRACTS SHALL BE BROUGHT BEFORE ONE OF THE COURTS TERRITORIALLY COMPETENT UNDER THE FRENCH CODE OF CIVIL PROCEDURE OR UNDER THE CUSTOMER'S NATIONAL LAW, WITH THE CONSUMER CUSTOMER BEING ENTITLED TO BRING AN ACTION BEFORE THE COURT OF THE PLACE WHERE HE RESIDED AT THE TIME OF THE CONCLUSION OF THE CONTRACT OR THE OCCURRENCE OF THE HARMFUL EVENT.
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VENTEO
S.A.S.au capital of 640 000 euros
R.C.S. Pontoise 491 166 971
Head Office: Parc d'Activité du Vert Galant, 17 rue de la Garenne
CS90021 SAINT OUEN L'AUMONE 95046 CERGY PONTOISE CEDEX, France
Intra-community VAT N°: FR18491166971
Phone: +33 (0)1 34 25 85 51
Site: www.rootslayer.fr
E-mail: contact@rootslayer.fr
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