Terms and Conditions

This document governs the General Terms and Conditions of Use and Sale of the Website (hereinafter the " General Terms and Conditions ") which apply between TOLIX and any natural person or company wishing to use the Site (" the User ") or make a purchase on the Site (" the Customer " or " you ").

These terms and conditions apply as soon as a User begins using the Site. The User may cease using the Site at any time but remains responsible for any prior use. The Customer acknowledges having read the General Terms and Conditions of Use and Sale and expressly agrees to them without reservation or restriction when validating their order.

The General Terms and Conditions of Use and Sale, together with the order form and order confirmation, constitute the sales contract between the Customer and TOLIX relating to the sale of the Products ordered.

Any order placed on the Website requires the Customer to first accept, without reservation, the General Terms and Conditions of Use and Sale in their entirety. If the Customer disagrees with the terms and conditions of the General Terms and Conditions of Use and Sale, they must not use or place any orders on the Website.

TOLIX may modify certain provisions of these General Terms and Conditions of Sale at any time. Therefore, it is necessary to review the version in effect on the day the order is placed on the Website. These modifications are binding from the date they are published online and will apply to orders placed after their publication on the Website. In the event of a modification, the General Terms and Conditions of Use and Sale applicable to the Customer's order are those that were online and accepted by the Customer on the date the order was placed.

For any information relating to the execution of one or more Orders, or the processing of a complaint, the Customer must contact customer service (hereinafter " Customer Service "):

• By phone: +33(0)3 85 86 96 67, Monday to Friday, 9am to 5pm
• By mail to the following address: 18 Boulevard Giberstein 71400 Autun
• By email: customer@TOLIX.com

During the acceptance process, the General Terms and Conditions of Sale can be viewed, saved to a device, and printed by the User. In any event, the User can access the General Terms and Conditions of Sale via the Website.

Only individuals legally capable of entering into contracts concerning the Products offered for sale on the Site may place Orders on the Website. When placing an Order, the Customer guarantees that they have the full legal capacity to agree to the General Terms and Conditions of Use and Sale, place an Order, and conclude a sale.

2.1 Product Presentation and Description

TOLIX presents on the Site the various Products (hereinafter the " Products ") that it offers for sale, as well as their detailed descriptions contained in product sheets, offering the Customer the opportunity to know, before the final order, the essential characteristics of each Product that he can buy via the Site and this in accordance with the provisions of Article L.111-1 of the Consumer Code.

The information and photographs on each product page are those provided to TOLIX by suppliers, partners, or manufacturers. Customers are therefore advised that TOLIX may update these product pages at any time.

TOLIX makes every effort to ensure that the presentation of the Products whose photographs are displayed on the Site are faithful to the original Products.

However, given the way the Products are presented on the Internet, it is possible that the impression perceived by the Customer of the photographic representation of the Products may not correspond exactly to the product itself.

2.2 Product Availability

The delivery time will be indicated to the Customer during the Order placement procedure, prior to Order validation and before payment.

The delivery times indicated when the order is confirmed are calculated in business days and are specific to each product. Due to the variety of supply areas, manufacturing and logistical constraints, these times may vary and TOLIX cannot be held responsible.

Products are offered subject to availability at the time the order is placed by the Customer. Any product that becomes unavailable will be marked as such. It is specified that TOLIX will make every effort to ensure the availability of its entire range of products.

At any time, TOLIX reserves the right to modify or discontinue the sale of Products offered on the Site; however, such modifications will not affect orders that TOLIX accepted before the changes came into effect.

In the event of a Product being unavailable, TOLIX will inform the Customer, as soon as possible, by email, of the delivery of a partial order or the cancellation of their order.

In the event of a partial order, the order invoice is updated according to the products shipped.

2.3 Product Prices

The applicable prices are those displayed on the Website at the time the Customer confirms their order. Prices are shown in euros and include all taxes. Prices are subject to Value Added Tax (VAT) applicable on the date of the order.

The price to be paid is the price indicated on the Site in the Product sheet, plus any additional charges (including delivery charges and service options) communicated during the ordering process.

The Customer is informed that delivery charges are due for each order placed. The exact amount of the delivery charges depends on the chosen delivery method, the delivery location, and the order's contents. The delivery charges will be displayed in the shopping cart and will be subject to the Customer's approval before the cart is validated. To obtain an estimate, the Customer can simulate their purchases on the Website. In all cases, this estimate remains valid, and only the price selected at the time of cart validation is contractually binding, except in exceptional circumstances such as delivery difficulties or special delivery methods that may incur additional costs.

Orders are payable immediately. No discounts will be offered. In the event of a change in the VAT rate, the price will be automatically adjusted without further notice other than the legal effective date of the new rate.

At any time and without notice, TOLIX reserves the right to change its Product prices without such changes affecting orders that TOLIX accepted before the changes came into effect.

Although the website is carefully designed, it is possible that the prices shown may contain errors. TOLIX is not bound by its offer in any way and reserves the right to cancel the customer's purchase in the event of such an error.

Prices are shown in Euros. If the payment currency differs from the currency in which the prices appear, the Client's bank will apply its exchange rate in effect on the date of purchase, beyond the control of TOLIX, which cannot be held responsible for this situation.

3.1 User Account Creation

To purchase products on the Site, the User may choose to register on the Site (“registered user”) or proceed without registering as a guest (“guest user”). To make a purchase as a “registered user,” the User must register on the Site and create a personal account or, if the User has already registered, access their account using the appropriate authentication information (i.e., email address and password). For this purpose, the Customer declares that they are providing complete and accurate personal information that will allow for their precise identification in any situation.

Furthermore, creating a user account is mandatory to benefit from all private offers, private sales or any other commercial operations reserved for the Website's customers.

The Client is informed that his username and password are personal and confidential and as such, he undertakes to keep his password secret and not to disclose it to any third party, for any reason whatsoever.

The Customer is responsible for all actions performed on the Website using their username and password. Any Customer registered on the Website will be bound by any Order placed using their login credentials, subject to the exercise of their right of withdrawal.

By creating their account, the Customer accepts the TOLIX Data Protection Policy (see Article 10).

3.2 Placing an order

On the TOLIX website, the Customer can place the Products of their choice in their shopping cart by clicking on the "Add to cart" button. The cart can be accessed at any time for modification or confirmation.

The Customer will have the opportunity to check the details of their Order and its total price and, if necessary, to correct or modify it before definitively confirming their Order to express their acceptance.
TOLIX cannot be held responsible for any input errors made by the Customer, nor for any resulting delays and/or delivery errors. In such cases, the Customer will be responsible for any costs incurred for reshipment.

Once the contents of their shopping cart have been validated, the Customer must:

• Complete all the requested information, including details regarding content and delivery and payment terms;
• Declare that you accept without reservation all of the General Terms and Conditions of Use and Sale.

After entering or modifying this information and subject to having expressly accepted the General Terms and Conditions of Use and Sale, the Customer will finalize their order by clicking on the dedicated tab on the payment page.
The validation of the order by the customer constitutes acceptance of the prices and characteristics of the products purchased by the customer.

3.3 Order Payment

Payment will be made exclusively in euros by bank card (Carte Bleue, Visa, Mastercard, American Express) or PayPal, excluding all other payment methods. The customer's bank account will be debited within seven (7) days of placing the order.

In order to make the payment due, the Customer must provide their bank card number, its expiry date accompanied, where applicable, by the visual cryptogram.

By using Paypal, the Customer guarantees to TOLIX that he/she has the necessary authorizations to use this payment method when placing the Order.

The customer's bank details are requested for each order. Furthermore, payment may be validated after entry of a 3D Secure code provided by the customer's bank.

To this end, the Client guarantees to TOLIX that he/she has the necessary authorizations to use the payment instrument chosen at the time of validation of his/her order.

In the event of a refusal by the bank, the order will be automatically cancelled and the Customer will be informed by TOLIX.

TOLIX uses a payment provider, namely Shopify, and therefore never has access to the customer's confidential payment information. As Shopify is based in Canada, it will store and process information related to each order, including credit card details, in a secure environment.

The transfer of the customer's personal data to Shopify is governed by the standard contractual clauses established by the European Commission.

The Customer also undertakes to pay or arrange for payment, where applicable, directly to the freight forwarder or carrier, of customs duties, VAT or other taxes due on the importation of the products into the country of delivery.

In the event of delivery and non-payment, TOLIX has the right to reclaim the ordered products, the Customer agreeing for his part to return any unpaid Product and all costs remaining at his/her expense.

3.4 Order confirmation by TOLIX

The order for Product(s) will only be considered firm and final once it has been confirmed by TOLIX. Once the order for Product(s) has been confirmed and payment validated, a printable and savable summary of the Customer's order will be displayed, including the order references.

An order confirmation email will then be sent to the Customer and will include the following information:

• The order number;
• The order summary (description of the product(s) ordered, quantity, price and essential characteristics);
• The legal rights and guarantees available to the Client;
• The total amount of the order, including all taxes;
• Delivery costs;
• Payment confirmation;
• The conditions and procedures for exercising the right of withdrawal, in accordance with the provisions of Articles L.221-18 of the Consumer Code and following;

In accordance with the provisions of Article L.122-1 of the Consumer Code, TOLIX will be entitled to refuse any abnormal order, placed in bad faith, or any unpaid order due to fraudulent use of a bank card.

TOLIX retains ownership of the Products ordered until full payment of the corresponding price.

4.1 Delivery Location and Delivery Price

The Products are offered for delivery in the following countries and territories: France, European Union, United Kingdom, Liechtenstein, Norway, Sweden, Switzerland.

The Products will be delivered to the postal address provided by the Customer when placing their order, which will appear on the delivery note. The Customer must carefully complete all fields of the delivery form at the time of ordering, including their delivery address and a landline or mobile phone number. Neither TOLIX nor the shipping company can be held responsible for non-delivery due to an inaccuracy or error in the delivery address.

The total amount, including all taxes (TTC), of the Client's contribution to the logistics preparation (processing; shipping) and delivery costs of the Order will be indicated to the Client before the final validation of the Order.

Delivery is made by courier or delivery person, at the Client's choice from the delivery methods offered and determined according to the weight and dimensions of the package.

Delivery may be made by a carrier for large or heavy packages. In this case, the customer will be contacted either by email or telephone directly by the carrier to arrange a delivery appointment. During this contact, the customer must expressly indicate any access or passage difficulties the carrier may encounter during delivery (including if these were previously indicated on the order form). Any additional delivery charges necessary for the rental of specific equipment (such as a forklift) to overcome access difficulties specified by the customer must be approved and paid by the customer prior to delivery.

Smaller or lighter packages can be delivered by courier. The customer must provide a delivery address where a person can receive the package on the first delivery attempt (for example: workplace, the home of a friend or family member, concierge, etc.).

As delivery is provided by a third-party service provider, the Client acknowledges and accepts that TOLIX cannot be held liable in any way if the non-performance or improper performance of this obligation is attributable to the Client or to the actions of a third party to the contract or to a case of force majeure.

If delivery is impossible on the scheduled date due to inappropriate information, access difficulties not previously reported by the Customer, or the Customer's absence at the scheduled time in violation of the commitments made during the initial contact, TOLIX may charge additional delivery fees. TOLIX will contact the Customer to arrange payment of these additional delivery fees before any further delivery of the Product. If these fees are not paid, TOLIX reserves the right to refuse delivery of the Product. The Customer will also be responsible for any damages resulting from these circumstances.

4.2 Product Delivery Times

An estimated delivery time for each product will be indicated on the Site, in the corresponding product sheet.

The final delivery date will be indicated to the Customer during the order placement process, prior to order confirmation and before payment. If an order contains products with different delivery dates, delivery will be made in a single shipment according to the latest delivery date.

4.3 Delivery Delay

Any delivery delay must be reported in writing by the Customer to TOLIX as soon as possible. TOLIX will then conduct an investigation with the carriers involved. The Customer may cancel their order if delivery has not occurred by the delivery date initially indicated to the Customer, provided that the delay is not due to the Customer or to force majeure.

From the date of the exercise of the right of cancellation, or the conclusion of the investigation carried out by TOLIX confirming the loss of the package, TOLIX will make a refund to the bank account debited at the time of the order, within a maximum period of fourteen (14) days from the receipt of the cancellation, to the exclusion of any other compensation, or will reship the Products at its own expense if the order has not been cancelled by the Customer.

In the event of partial delivery of the order, delivery may be made in several installments, and this right will only concern the undelivered balance of the order.

4.4 Customer Receipt of Products

Each delivery is deemed to have been made upon the Products being made available to the Customer by the carrier, as evidenced by the tracking system used by the carrier. No dispute concerning the delivery itself will be possible if the package appears to have been delivered, the carrier's computer system being considered conclusive proof.

Without prejudice to the time limits available to the Customer under his right of withdrawal as specified in Article 5 below, upon delivery, the Customer must unpack the Product in the presence of the Delivery Person/Courier and check that the delivered Product corresponds to his order and that no damage affects his Product before signing the delivery note.

In the event of any anomaly, the customer must write dated, detailed, handwritten reservations on the Delivery Note, accompanied by a signature. The reservations made by the recipient upon delivery constitute proof of the existence and extent of the damage. Similarly, if a delivery error is noted, the customer must specify the nature of the error: wrong color, wrong product, etc.

In the event of an error or damage, the Customer must refuse the Product and notify us of their reservations within five (5) days by email via the "Contact" section of the Website and simultaneously by registered letter with acknowledgment of receipt to the address indicated below: TOLIX, Web Department, 18 Boulevard Giberstein 71400 Autun

Any claim submitted after these deadlines will not be accepted. If the Customer does not raise any objections, the delivered Product is deemed satisfactory and no further disputes will be possible. For example, the Customer may not raise any objections with either TOLIX or the Delivery Person/Courier after the Delivery Person/Courier has left, even if the package was not opened in their presence.

Except in cases of non-conformity or hidden defects, no further claims and/or reservations will be accepted by TOLIX after receipt of the Products by the Customer, if the latter has not complied with the procedure described above.

This section applies to consumers only.

The User has the right to withdraw from the Contract within 14 (fourteen) days, even without giving any reason. The withdrawal period expires 14 (fourteen) days from the day on which the User, or a third party designated by the User (other than the carrier), acquires physical possession of the purchased product. If the User has purchased several products in a single order, the withdrawal period expires 14 (fourteen) days from the day on which the User, or a third party designated by the User (other than the carrier), acquires physical possession of the last of the purchased products.

The right of withdrawal cannot be exercised for products made to measure and/or personalized specifically for the User.

To exercise their right of withdrawal, the User must clearly express their intention to withdraw from the Contract by informing TOLIX Customer Service by email ( customer@TOLIX.com ).

The procedures for exercising the right of withdrawal are as follows:

For bulky and/or fragile products delivered via a specialized courier or by courier, the Customer must contact TOLIX to arrange for product collection. For returns from the Customer's home, the courier will contact the Customer to schedule a collection appointment. The product must show no signs of use, be returned in its original packaging, and include all accessories and any instruction manuals or assembly instructions. If these conditions are met, the courier will collect the product.

TOLIX will perform a quality control check of the Product upon receipt. Products must be in new condition, returned in their original packaging, without any signs of use, and accompanied by all accessories and any instruction manuals or assembly instructions. Only after verifying that these conditions are met will TOLIX process the refund for the returned products. If the aforementioned conditions are not met, the Customer's refund will be reduced by the amount corresponding to the loss in value of the Product, as determined during the inspection.

Once the Products have been returned in accordance with the procedure described above, the refund (not including the initial shipping costs of the Product or the return costs) will be made within a maximum of thirty (30) days following the date of receipt by TOLIX of the returned Products.

TOLIX guarantees that TOLIX Products conform to their intended use and are free from defects or hidden flaws that would render them dangerous or unfit for their normal use. Therefore, all products sold on the Site benefit from the legal guarantee of conformity (as defined in Articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), allowing the Customer to return defective or non-conforming products free of charge.

6.1. Legal guarantee of conformity

Article L.217-4 of the Consumer Code states that "the seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his supervision."

Article L217-5 of the Consumer Code states that: "The goods conform to the contract:

1° If it is fit for the purpose usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; - if it possesses 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, in particular in advertising or labelling;

2° Or if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, made known to the seller and accepted by the latter. » Article L217-12 of the Consumer Code provides that “the action resulting from the lack of conformity is time-barred two years from the delivery of the goods”.

6.2. Warranty against hidden defects

Article 1641 of the Civil Code states that "the seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them".

Article 1648 of the Civil Code provides that "the action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of forfeiture, within one year following the date on which the seller can be released from liability for apparent defects or lack of conformity."

6.3. Exclusion of warranties

Products modified, repaired, integrated, or added to by the customer are excluded from the warranty. The warranty does not cover visible defects. The warranty does not cover products damaged during transport or due to misuse.

6.4. Procedures for implementing legal guarantees

When acting under the legal guarantee of conformity, the Customer:

- benefits from a period of two years from the delivery of the goods to take action;

- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;

- is exempt from providing proof of the existence of the non-conformity of the goods during the six months following delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

The Customer may choose to invoke the warranty against hidden defects in the goods sold, as defined in Article 1641 of the Civil Code. In this case, they may choose between rescinding the sale or obtaining a reduction in the sale price, in accordance with Article 1644 of the Civil Code.

For any questions regarding legal guarantees, the Customer must contact Customer Service by email: customer@TOLIX.com . These provisions do not preclude the right of withdrawal defined in Article 5 above.

6.5. Consequences of implementing the guarantees

Under the legal guarantee of conformity, TOLIX undertakes, at the Customer's choice:

- or to replace the Product with an identical product, depending on available stock.

- or to refund the price of the Product, within a maximum period of 30 days, if the replacement of a product proved impossible.

Under the legal guarantee against hidden defects, TOLIX undertakes, at the Client's choice, after assessment of the defect:

- or to refund the full price of the returned product within a maximum period of 30 days,

- or to reimburse him for part of the price of the product, within a maximum period of 30 days, if the Customer decides to keep the product.

6.6 Extended warranties for the Chair A model

In addition to the above, and for any purchase on the site after October 15, 2024, TOLIX grants an additional 8-year structural warranty on the Chair A model. This extension covers the strength of welds and assemblies for normal and non-professional use.

In the event of implementation of the warranty extension, TOLIX undertakes at a minimum to repair the Product and to replace it if necessary.

To activate this extended warranty, the Customer must complete the warranty extension form within 15 days of the purchase date. This warranty is personal and non-transferable.

For all intents and purposes, this warranty extension does not affect the legal warranty of conformity and is in addition to it.

7.1. Right of return

In the event of receiving a non-conforming Product, and subject to the provisions of Article 5, the Customer is authorized to return the non-conforming Product to TOLIX within thirty (30) days of receiving the Product.

It is hereby specified that TOLIX does not accept packages sent with postage due, and that the Product must be returned in its original packaging and condition. The Customer must include in their package a copy of the invoice as well as the return slip provided by customer service, which they must have previously requested by email: customer@TOLIX.com .

TOLIX will conduct an inspection to verify the non-conformity of the Product. If the non-conformity is confirmed, the Customer will automatically receive a refund. This refund will be issued to the bank account debited when the Product was ordered, within thirty (30) days of TOLIX's receipt of the non-conforming Product. This refund will also include the initial delivery charges if all delivered Products are returned. If the entire order is not returned, no refund of the initial delivery charges will be issued.

All risks associated with the return of the Product remain the responsibility of the Customer.

7.2. Right of exchange

In the event of receipt of a non-conforming Product, and subject to the provisions of Article 5, the Customer is authorized to exchange the non-conforming Product with TOLIX within thirty (30) days after receipt of the Product concerned.

The Customer can return the Product for exchange by post after obtaining a return slip by contacting the Internet customer relations department by email: customer@TOLIX.com .

TOLIX will carry out a check regarding the non-conformity of the Product which, if confirmed, will result in an exchange.

TOLIX cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, including service interruptions, the occurrence of bugs, external intrusions, or the presence of computer viruses.

Without prejudice to the provisions of the preceding paragraphs, TOLIX's liability under these General Terms and Conditions of Sale shall not be engaged, in any event jointly and severally, and shall not exceed an amount equal to the sums paid or payable at the time of the transaction which gave rise to said liability for TOLIX products as regards TOLIX, whatever the cause or form of the action concerned.

TOLIX is a registered trademark. The Site is the sole and exclusive property of TOLIX. TOLIX holds all intellectual property rights necessary to publish it online.

Both the overall structure of the Site (graphic design) and its content (texts, slogans, graphics, images, sounds, videos), including software, databases, and newsletters (hereinafter the "Content") are the property of TOLIX or third parties authorized to use them, and are protected by copyright. No license or right other than the right to view the Site is granted. Reproduction of all or part of the Site and its Content is permitted only for informational purposes and for personal, private use.

Therefore, in accordance with the provisions of the Intellectual Property Code, any representation, reproduction, modification, distortion and/or of the Content, by any means whatsoever and on any medium whatsoever, without the express and prior authorization of TOLIX, is prohibited and constitutes an act of copyright infringement.

Similarly, any unauthorized use of the Site and/or its Content will result in the User being held criminally and civilly liable on the grounds of copyright infringement.

TOLIX collects personal data from the Customer, as well as, where applicable, that of the recipient of the Order.

For more information, please see our "Legal Notices" page.

TOLIX has implemented security measures to protect the personal information you provide from unauthorized access and use. All financial information you provide on the Site is stored on the secure site of the financial institution chosen by TOLIX. Transactions completed on the Site are protected by encryption. Please be aware, however, that no data transmission over the Internet is 100% secure and that any information communicated online can potentially be intercepted and used by parties other than the intended recipient.

All personal data is subject to the provisions of French Law No. 78-17 of 6 January 1978, as amended. As such, you have the right to access, rectify, or delete your personal data processed by TOLIX, as well as the right to object to the processing of this data for direct marketing purposes, by contacting our Customer Service department by email at customer@TOLIX.com . If applicable, you must provide TOLIX with any updates or changes to your information, including, in particular, your postal and/or email address, so that we can ship your orders to the correct address and contact you regarding them if necessary.

Neither the Client nor TOLIX shall be held liable for the total or partial non-performance of their obligations, if such non-performance is due to unforeseen circumstances or the occurrence of an event constituting force majeure such as, in particular, and without limitation, flooding, fire, storm, lack of raw materials, transport strike, partial or total strike, or lockout, these various elements being assessed in relation to applicable case law.

The party affected by such events shall inform the other party as soon as possible and at the latest within five (5) working days of the occurrence of such event.

The Client and TOLIX agree, in which case, to consult with each other as soon as possible in order to jointly determine the terms of execution of the order during the period of force majeure.

If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or as a result of a final decision of a competent court, the other provisions shall remain in full force and effect.

The fact that one of the parties to these General Terms and Conditions of Sale has not required the application of any clause, whether permanently or temporarily, shall in no case be considered as a waiver of that party's rights arising from said clause.

These General Terms and Conditions of Sale and the order summary sent to the Customer form a contractual whole and constitute the entirety of the contractual relations between the Parties.

In general, it is expressly agreed between TOLIX and the Client that emails will be considered valid between them, as well as the automatic recording systems used on the Site, particularly with regard to the nature and date of the order.

The Client may access, where applicable in accordance with the rules of common law, the electronic contract concluded between the Client and TOLIX.

To do this, he contacts Customer Service by email, providing them with all the necessary information, including the order number and his contact details.

For any information, complaint or question relating to these General Terms and Conditions of Sale or the Products themselves, the Customer should contact Customer Service by email: customer@TOLIX.com .

The law applicable to these General Terms and Conditions of Sale and related orders is French law, except in cases where the law of the User's country of residence requires a higher level of protection which cannot be waived by agreement, in which case that law will apply.

Subject to any contrary provisions of the Code of Civil Procedure, any dispute which may arise concerning the validity, interpretation or execution of these general terms and conditions of sale and which has not been settled amicably by the parties hereto, shall be submitted to the French courts, notwithstanding multiple parties, summary proceedings or expert appraisal.