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Terms & Conditions

January 20, 2021 release

These General Conditions of Sale (hereinafter referred to as "GTC") exclusively govern the contractual relations between the company FLAG & KO, a simplified joint stock company, registered with the RCS of Cannes under number 851 395 335 and whose head office is located 75 impasse des Faïsses, 06250 MOUGINS and ERIC FLAG SARL, Company incorporated under foreign law with limited liability, registered with the Swiss Trade and Companies Register under number CHE-474.259.231, whose registered office is at route de Cossonay 59, 1008 Prilly, Switzerland (hereinafter referred to as "FLAG & KO") and its consumer customers (hereinafter “the Purchaser”).

They prevail over any general purchasing conditions of the Purchaser and more generally over any document issued by the Purchaser.

The online sale of the Products presented on the Site is open to Buyers wishing to be delivered worldwide.

When confirming his order on the Site, the Buyer will be invited to accept these T & Cs by checking the box " I read and I agree to the general selling conditions ". In the absence of adherence and unreserved acceptance by the Purchaser of all the provisions of these GTCS, no order may be placed.

Any order made by a Buyer is deemed not to be part of a commercial, industrial, craft, liberal or agricultural activity.  

  1. DEFINITIONS

Buyer : means any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity as well as any legal person who does not act for professional purposes, having created an Account and accepted these GTC.

Account : means the account created by the Purchaser via the FLAG & KO Site.

Personal data: refers to any information relating to a natural person which allows him to be identified directly or indirectly.

Product : refers to all the Products offered for sale by FLAG & KO.

Site: refers to the website on which FLAG & KO's Products are sold, available at the address https://www.ericflag.com

Customer service : refers to the service accessible via the "Contact" tab of the Site or at the email address sav@ericflag.com

User : any user of the Site, whether a Buyer or not.

2. OBJECT

The purpose of these T & Cs is to define the rights and obligations of the Parties in connection with the sale of the Products offered by FLAG & KO to the Buyer.

They are communicated to the Buyer during the validation of his order and are freely accessible to any User of the Site.

They are applicable as soon as they are posted on the Site and are enforceable against the Purchaser as soon as they are accepted.

They prevail over any other document, except for prior written and express dispensation.

FLAG & KO reserves the right to modify its GTC from time to time, the latest version of which will be made available to the Buyer on the Site. It is the Buyer's responsibility to consult and accept them before any order placed on the Site.

FLAG & KO will make the latest version of the T & Cs available to the Purchaser on the Site and will provide a copy of this version if the Purchaser requests it.

3. CUSTOMER ACCOUNT

Any Buyer wishing to place an order on the Site may have an Account, without this being compulsory.

In order to open an Account on the Site, the Buyer will provide certain information (title, first name, last name, email address, etc.) and must choose a password.

The Buyer will receive an email confirmation from FLAG & KO containing the identifier (Buyer's email address) and the confidential password.

The Buyer's password is both confidential and personal and must never be communicated to a third party. It is used under the sole responsibility of the Purchaser.

Any action and / or connection and / or order carried out and / or placed with this password is deemed to be carried out by the Purchaser. In the event of loss of his password, the Purchaser must notify FLAG & KO without delay, and complete the password modification procedure proposed on the Site.

4. ORDERING

4.1 Order placed by the Buyer

All orders must be made by the Buyer on the Site.

To place an order on the Site, the Buyer adds the Products he wishes to order to his shopping cart.

By clicking on the "YOUR BASKET" icon, a summary of his order as well as the price of the Product (s) he wishes to order will appear on the screen. The Buyer can then modify or validate his order.

The price displayed is the price of the Product in force on the day of the order. The prices include the value added tax applicable on the day of the order and do not include any delivery costs, invoiced in addition to the price of the Products, according to the terms defined below and as indicated to the Buyer before the validation of the order.

In order to finalize his order, the Buyer will select the “ORDER” icon.

He will then, if he has not done so previously, be invited to identify himself or create an Account.

The Buyer may also, if he wishes, place an order without creating an Account, by completing the delivery form with the information necessary to process his order, namely: surname, first name, delivery address, city, postal code , country.

In both cases, the Buyer will indicate his delivery address and, if it is different, his billing address.

The Buyer can estimate the shipping costs by designating the country and the postal code in which he wishes to be delivered and obtain the information relating to the delivery of his order.

Depending on the country designated and the postal code indicated, several delivery options will be offered.

The Buyer will then choose the delivery method he wishes and depending on this choice, the final price (delivery costs included) will appear on the screen.

The Buyer will then choose the method of payment he wishes and a summary of his order will then appear on the screen.

 The Purchaser will then be invited to consult these T & Cs and to accept them by checking the box " I read and I agree to the general selling conditions ».

The order can only be validated if you have accepted these GTC.

The Buyer must then proceed to the payment of his order then click on the validation icon to finalize his order.

The "validation click" constitutes an electronic signature.

This electronic signature has, between the Parties, the same value as a handwritten signature.

Any click of validation constitutes an irrevocable commitment of the Purchaser which cannot be called into question.

Once the order is completed, FLAG & KO sends the Buyer a summary of his order by email, to the email address provided by the Buyer when creating his Account or placing his order.

This email constitutes acknowledgment of receipt of the order by FLAG & KO and constitutes the starting point for the deadlines indicated on the Site.

The Buyer has the possibility of modifying his order before shipment, within a maximum period of twenty-four (24) hours after placing an order, by written request sent by email to the email address. sav@ericflag.com or by contacting Customer Service via the "Contact" tab of the Site.

The modification of the order will then be the subject of a confirmation email from FLAG & KO.

The Buyer has the possibility to ask a question relating to his order by contacting Customer Service by email sent to the email address sav@ericflag.com or by contacting Customer Service via the "Contact" tab of the Site.

4.2 Order refusal

FLAG & KO reserves the right to refuse any order in the event of:

  • Exceeding of the order limits indicated;
  • Existing dispute with the Purchaser;
  • Total or partial non-payment of a previous order by the Buyer;
  • Refusal of authorization of payment by bank card from payment organizations;
  • Abnormal nature of the order, in particular in the event of an order for quantities and / or amounts unusual for a final consumer.

5. PRODUCTS

5.1 Product Information

The information provided on various electronic media (in particular Site, newsletter, electronic documentation, interactive catalog, product sheets, notices and advertising documents) are as accurate as possible but are only given for information and may be modified at any time. and without notice.

The photographs illustrating the Products on the Site do not enter into the contractual field. Also, the responsibility of FLAG & KO can in no case be engaged if errors or alterations resulting from the processing of these photographs are introduced.

5.2 Product Availability

The Products are offered on the Site within the limits of available stocks.

In the event of unavailability of a Product ordered by the Purchaser, FLAG & KO will inform the Purchaser as soon as possible and will indicate to him the time limit within which the unavailable Product should be available for sale again.

The Buyer will then have the option of canceling the order for the unavailable Product and requesting reimbursement of the amount paid during this order, which must be made no later than thirty (30) days following its payment.

The cancellation of the order for this Product and its possible refund will then be made by FLAG & KO, the rest of the order remaining firm and final.

6. PRICES AND INVOICING

The prices displayed on the Site are expressed in euros and include, unless otherwise specified, the value added tax applicable on the day of the order.

They do not include any delivery costs, invoiced in addition to the price of the Products and as indicated to the Buyer before the order is confirmed.

The prices are modifiable at any time by FLAG & KO.

The price guaranteed to the Purchaser is that displayed on the Site when placing his order.

For orders placed outside the European Union and in particular in Switzerland, the price is expressed and calculated exclusive of taxes (HT).

The prices indicated do not include the contribution to the delivery costs as well as any other additional costs (gift wrapping etc.), which will be invoiced in addition and indicated when placing the order. They will also appear in the order confirmation and invoice sent to the Buyer.

Once the order has been confirmed, FLAG & KO will send the Buyer an invoice relating to his order by electronic means to the email address indicated by the Buyer when creating his Account or placing his order.

For orders whose value is greater than or equal to thirty-five (35) euros including tax, shipments to mainland France (Corsica included), Belgium and Luxembourg are carriage paid. Regarding other regions of the world, the shipping costs are specific for each of them.

The Purchaser undertakes to pay the Price stipulated for the Product ordered on the Site and any additional costs (transport) as well as to pay or have paid, as the case may be, and this directly to the freight forwarder or carrier, the rights customs, VAT or other taxes due on the occasion of the importation of the Product into the country of the place of delivery and in particular Switzerland and the overseas territories and departments.

Once the order has been confirmed, FLAG & KO will send the Buyer an invoice relating to his order by electronic means to the email address indicated by the Buyer when creating his Account or placing his order.

7. PAYMENT METHODS

The placing of the order implies a cash payment by the Purchaser.

Payment of the full price must be made when ordering.

The order must, unless specifically agreed by FLAG & KO, be paid online by credit card, through a secure system that uses the Stripe intermediary platform so that the information transmitted is encrypted by software and that no third parties cannot read it during transmission over the network.

The order can also be paid by Paypal or by bank transfer via the IBAN communicated at the time of validation of the order.

The debit of the bank card will take place following the validation of the order. It being specified that in the event of a split delivery of the order, the amount of the order will be fully debited upon validation.

By way of derogation, the Purchaser can send a request to FLAG & KO's Customer Service in order to pay for his order by bank transfer or check. The use of these payment methods will only be possible after the express, written and prior authorization of FLAG & KO.

The payment of the order may in no case be the subject of any compensation with any amount due by FLAG & KO to the Buyer.

8. SHIPPING DETAILS

8.1 Delivery terms

Delivery means the transfer to the Buyer of physical possession or control of the Product.

The risk of loss or damage is transferred to the Purchaser upon handing over the goods to the carrier, it being however specified that FLAG & KO has taken out insurance covering the goods during transport from the supplier's warehouse to the warehouse of the place. agreed delivery.

Products will be delivered worldwide to the address provided by the Purchaser when ordering.

The Products ordered will be delivered to the delivery address indicated by the Purchaser when ordering. The Purchaser must ensure its accuracy.

Any parcel returned to FLAG & KO because of an incorrect or incomplete delivery address, or when the Buyer has not collected his order from the collection point he had indicated within the time allowed, will be reshipped at the Buyer's expense. It being specified that the return costs will be communicated by FLAG & KO to the Buyer and may differ from the initial delivery costs for which the Buyer could have benefited from a reduction.

The delivery costs are the responsibility of the Buyer and are communicated to him when choosing the delivery method for his order.

The carrier's delivery slip, signed by the Purchaser, will constitute proof of delivery of the Product.

Except in cases of force majeure or during closing periods clearly announced by FLAG & KO, the Products are shipped within 2 (two) to 3 (three) working days following the date of registration of the order, indicated on the order summary e-mail sent to the Purchaser.

For pre-ordered items the shipping date is communicated to the customer on the product page and the mention "pre-order" is visible in the title of the product page.

In the event that the Product is not in stock, FLAG & KO will inform the Buyer of the time within which the Product should be shipped.

In the event of exceptional circumstances preventing delivery within the time limits indicated, FLAG & KO will inform the Purchaser as soon as possible and will agree with him on a new delivery date.

If the time limit indicated is exceeded, or, failing that, beyond 30 days after the conclusion of the order, the Purchaser may terminate the sales contract with FLAG & KO under the conditions provided for in article L.138. -2 of the Consumer Code if, after a written request from the Purchaser sent by e-mail to FLAG & KO at the address sav@ericflag.com , the latter has not delivered the Product within a reasonable additional time.

The Buyer may immediately terminate the contract if FLAG & KO refuses to deliver the goods or if it does not fulfill its obligation to deliver the goods within the reasonable additional period and the date or period indicated constitutes an essential condition of the contract that was brought to the attention of FLAG & KO when ordering.

In the event of contract termination, FLAG & KO will reimburse the Purchaser for the undelivered Products and related costs within 14 (fourteen) days of the date of termination of said contract.

Upon receipt of his order and regardless of the delivery method chosen by the Purchaser, it is up to the Purchaser to check, or have any person appointed for this purpose verify, whether the Product ordered conforms to the order, in particular in terms of quantity, quality, weight, dimensions, content, conformity and condition of the Product.

If he finds any anomalies, he must issue, upon delivery to the deliverer, handwritten, precise and dated reservations, describing the defects observed. These reservations must also be sent to FLAG & KO within seventy-two (72) hours by e-mail to the address sav@ericflag.com with mention of the order number accompanied by photographs illustrating the defects observed.

In the absence of reservations expressed in these conditions, the delivery will be deemed to comply.

The Purchaser must keep the packaging and the delivery slip of the delivered Product. In the event of an error on the Product, the Purchaser may return the Product concerned according to the terms and conditions described below.

8.2 Delivery

The delivery times will be indicated to the Buyer when ordering.

They are counted in working days from the date of validation of the order, as soon as the order address has been correctly entered.

  • Metropolitan France (Corsica included)

Delivery: 3 to 5 working days, except delay due to the carrier.

  • Europe

Delivery: 4 to 6 working days working days, except delay due to the carrier

  • International

Delivery: 10 to 15 working days, except delay due to the carrier

It being specified that for delivery to countries outside the European Union, customs charges may be impacted on the Buyer. The amount of these customs fees is fixed by the customs authorities and that FLAG & KO can in no case be held responsible for the payment of this tax when sending the order to the Buyer, the payment of this tax to have been paid by the Buyer so that he can receive his order.

No reimbursement, or any other compensation, can be requested from FLAG & KO by the Purchaser due to the absence of delivery resulting from the non-payment of this tax by the Purchaser.

9. TRANSFER OF OWNERSHIP

The transfer of ownership of the Product only takes place upon receipt of full payment of the Price.

In the event of default or late payment of the Price, FLAG & KO reserves the right to claim the return of the Product delivered.

The Purchaser undertakes to return the delivered Product for which payment is lacking, at his expense, at the first request of FLAG & KO.

10 GARANTIES

10.1 Commercial warranty

The Products are declared to comply with the various European standards in force by the manufacturers.

The guarantees on goods sold by FLAG & KO are two (2) years from the date of receipt of the goods by the Buyer.

10.2 Guarantee of hidden defects

Independently of the commercial guarantee, FLAG & KO guarantees the Purchaser against any hidden defect, resulting from a defect in the design of the Product, to the exclusion of any negligence or fault of the Purchaser in application of articles 1641 and following of the Code. civil (reproduced below).

The action in warranty for hidden defects must be brought by the Purchaser within two (2) years from the discovery of the defect.

The Purchaser may choose between terminating the sale or reducing the sale price.

Article 1641 of the Civil Code:

« The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unfit for the use for which it is intended, yes which reduces this use so much that the buyer would not have acquired it, or not. would have given a lower price, if he had known them. ".

Article 1644 of the Civil Code:

« [...] the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned, as it will be arbitrated by experts ”.

Article 1648 paragraph 1 of the Civil Code:

“The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect. ".

10.3 Legal guarantee of conformity

FLAG & KO is also the guarantor, with regard to the Purchaser, of the conformity of the Products allowing him to make a request under the legal guarantee of conformity under articles L.217-4 and following of the Code of consumption (reproduced below).

The Purchaser has a period of two (2) years from delivery of the Product to formulate his request under the legal guarantee of conformity. He must send this written request by registered letter with acknowledgment of receipt to FLAG & KO.

The Purchaser may choose between repairing or replacing the goods, subject to the cost conditions provided for in article L.217-9 of the Consumer Code.

In addition, in accordance with article L.217-7 of the Consumer Code, the Purchaser is exempt from providing proof that the non-conformity was present at the time of delivery if the defect occurs within 24 (twenty- four) months following delivery of the good.

Article L.217-4 of the Consumer Code provides that:

“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.

It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. "

Article L.217-5 of the Consumer Code provides that:

"The good is in accordance with the contract:

1 ° If it is suitable for the use normally expected of similar goods and, if applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. ".

Article L.217-12 of the Consumer Code provides that:

“The action resulting from the lack of conformity lapses two years after delivery of the goods. "

Article L.217-16 of the Consumer Code provides that:

"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. "

11 PRODUCT SECURITY FAULT

In the event of damage caused by a defect in the safety of the Product, the Purchaser must seek the liability of the manufacturer identifiable from the information mentioned on the packaging of the Product.

12 SUSPENSION - RESOLUTION

In the event of non-compliance by the Purchaser with any of its obligations, in particular in the event of total or partial default of payment when due, FLAG & KO reserves the right, without prior notice, to suspend delivery. of the Product under the order executed or in the course of execution and / or to suspend the execution of its obligations, without compensation, and this without prejudice to the exercise of its possible rights of recourse.

In addition, if seven (7) calendar days after receipt of a formal notice by registered mail with request for acknowledgment of receipt, it remains unsuccessful, all agreements concluded with the Buyer may be automatically terminated. without payment of compensation to the Buyer by FLAG & KO, who may request, in particular in summary proceedings, the return of the goods.

In all the cases mentioned above, and as soon as FLAG & KO does not opt ​​for the resolution of the agreements, all unmatured debts of FLAG & KO will become immediately due and the Buyer will be obliged to immediately return the goods left over. unpaid. The fact that FLAG & KO does not take advantage of a contractual breach of the Purchaser does not mean waiver of it for the future.

13 RIGHT TO RETRACT

In accordance with the provisions of article L.221-18 of the Consumer Code, the Purchaser may return the delivered Product within fourteen (14) days of delivery thereof and request reimbursement from FLAG & KO, it being specified that the return costs are the responsibility of the Buyer.

The additional costs of sending the returned Product, when the Buyer has chosen a more expensive delivery method than that offered by FLAG & KO or the cheapest delivery method offered by FLAG & KO, will remain the responsibility of the Buyer.

The refund will be made within fourteen (14) days of receipt of the returned Product, according to the initial payment method for the order, less the initial shipping costs.

In order to exercise his right of withdrawal, the Buyer must contact FLAG & KO at the address sav@ericflag.com.

Any returned Product must be in its original condition and packaging, namely: new, unwired, not soiled, with the instructions for use and original packaging, in resalable condition, all unequivocal.

It is recalled in this regard that the responsibility of the Purchaser, in the event of withdrawal after use of the Product, could be engaged with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and the proper functioning of this Product. It being specified that according to the European Commission, these manipulations are those that a consumer could have carried out in a store, for the goods which are offered there for sale.

14 EXCHANGES AND REFUNDS

The Buyer may request the exchange or refund of the Product (s) purchased within thirty (30) days of receipt of his order, in the event of a problem with size, color, cut or still flaws.

In this case, the Buyer is invited to send an email to the address sav@ericflag.com within thirty (30) days of receipt of the package by the Buyer, indicating the references of his order and the reason (s) for the return. After this period, no request for exchange or refund can be taken into account.

The Buyer may choose between an exchange or a full refund of the price of the Product (s) concerned by the return. The exchange or refund will only be accepted if FLAG & KO has received the Product (s) concerned within fourteen (14) days of the Buyer's return request. The Product (s) must not contain any defect other than those specified.

FLAG & KO can in no way be held responsible in the event of theft, loss or damage to the package.

15 RESPONSIBILITY

All the Products offered by FLAG & KO must be used in accordance with their instructions for use and maintenance and taking all the necessary precautions for their use.

The Purchaser assumes responsibility for the choice of the Product he decides to order. Consequently, FLAG & KO can in no way be held responsible for the unsuitability of the Product for the use which is made of it.

FLAG & KO cannot be held responsible for any damage, direct or indirect, material or immaterial, resulting from the use of a Product in a manner that does not comply with its instructions for use.

Apart from the cases mentioned above, FLAG & KO cannot be held liable if FLAG & KO demonstrates that the non-performance or poor performance of these General Conditions of Sale or of the order is attributable either to the Buyer or to the fact unpredictable and insurmountable from a third party to the contract.

16 FORCE MAJEURE

In accordance with article 1218 of the Civil Code: “ There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the fulfillment of its obligation. by the debtor ».

Thus, all circumstances beyond the control of the Parties, preventing the performance under normal conditions of their obligations, are considered grounds for exemption from the obligations of the Parties and result in their suspension.

The Party invoking the circumstances referred to above must immediately notify the other Party of their occurrence, as well as their disappearance.

Are considered as cases of force majeure those usually retained by case law, namely: events of an irresistible and unpredictable nature, beyond the control of the Parties, against which they could not reasonably protect themselves and from which they would not have could not mitigate the consequences only by incurring expenses out of proportion with the expectations of financial benefits.

As such, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks are expressly considered as cases of force majeure or fortuitous events. or difficulties specific to telecommunication networks external to Buyers.

The Parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than 3 (three) months, these GTCS may be terminated by the injured party.

17 INTELLECTUAL PROPERTY

The content of the Site and all the elements that compose it, in particular in the form of texts, photographs, images, icons, sounds, videos, software, database or data is the property of FLAG & KO and is protected by international rules. and French intellectual property.

Consequently, any reproduction, representation, modification, transmission, publication, adaptation or exploitation of the elements on which FLAG & KO has intellectual property rights, on any medium whatsoever and in any manner whatsoever, carried out without the authorization prior written notice of FLAG & KO, is strictly prohibited.

The non-substantial reproduction or representation of the elements over which FLAG & KO has intellectual property rights are authorized for strictly private and non-commercial purposes.

The authorized reproduction of the elements on which FLAG & KO has intellectual property rights must clearly indicate the source and the name of the author of the reproduced content.

FLAG & KO reserves the right to bring civil and criminal legal proceedings, in France and abroad, in particular for infringement, against any person who, directly or indirectly, has infringed his rights.

18 PERSONAL DATA

During his order, the Purchaser may be required to communicate personal information concerning him.

FLAG & KO applies to respect the information submitted by the Purchaser under the conditions provided for in the Confidentiality and personal data policy available at the following address: https://www.ericflag.com/privacy-policy

19 MEDIATION

In the event of a dispute, the Purchaser must first contact FLAG & KO Customer Service by e-mail at the e-mail address sav@ericflag.com

In the event of failure of the complaint request to Customer Service or in the absence of a response from this service within two months, the Purchaser may submit the dispute relating to the order form or to these T & Cs opposing him. to FLAG & KO with the European Commission, which provides a platform for out-of-court dispute resolution, the website of which is accessible at the address https://ec.europa.eu/odr.

This mediator will attempt, with complete independence and impartiality, to bring the Parties together with a view to reaching an amicable solution.

To present his mediation request, the Purchaser has a complaint form available on the mediator's website.

The Parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or reject the solution proposed by the mediator.

20 PARTIAL NON-VALIDATION

If one or more stipulations of these T & Cs are declared invalid, in application of a law, a regulation or following a final decision of a competent court, they will be deemed unwritten, without entailing the nullity of the 'all of these T & Cs by which FLAG & KO and the Buyer will remain committed to each other.

If necessary, FLAG & KO and the Purchaser undertake to negotiate in good faith the provisions necessary to replace the stipulations which may have been the subject of a cancellation or invalidation for any reason whatsoever.

21 NON-WAIVER

The fact that one of the Parties does not invoke a breach by the other Party of any of the obligations referred to in these GTC cannot be interpreted for the future as a waiver of the obligation in cause.

The fact that a Party does not claim the application of any provision of these GTC or tolerate its non-performance temporarily or permanently, may in no case be interpreted as a waiver by this party to exercise the rights it holds under these GTC.

The fact that a Party tolerates a non-performance or imperfect performance of any contractual obligation referred to in these GTCS or more generally of tolerating any act, abstention or omission, of the other party that does not comply with the contractual provisions cannot confer a any right to the party who benefits from such tolerance.

22 TITLE

The titles and subtitles appearing in these T & Cs are included as a convenience. By express agreement between FLAG & KO and the Purchaser, these titles and subtitles may in no case be used to interpret any provision whatsoever of these T & Cs. In the event of a contradiction between any of the titles of the articles and any of the stipulations, the titles will be declared non-existent.

23 APPLICABLE LAW - JURISDICTION

These T & Cs are written in French. In the event that they have been translated into one or more foreign languages ​​and in the event of a dispute, only the text written in French will prevail between the Parties.

These GTC and the order are governed in their entirety by French law.

Any dispute relating to the conclusion, interpretation, execution or termination of these GTCS will be the subject of an amicable agreement search.

Any dispute that may arise between the Parties as a result of the conclusion, interpretation or execution of these GTCS will be exclusively resolved by the competent courts of Paris.