GENERAL CONDITIONS FOR DISTANCE SELLING

Barize, a French public limited company with share capital of €100, registered in the Trade and Companies Register of Paris under number 845 405 240, having its registered office at 14 rue Eugène Süe in Paris 75018 – FRANCE, intra-community VAT number FR91845405240 and email address info@mestiers.com, (hereinafter referred to as “MESTIERS”) has decided to formally set out in these General Conditions of Sale the terms and conditions for the sale of its Products to its Customers via its on-line store accessible from the English version of the www.mestiers.com website (hereinafter the “Website”). 

Whereas

Mestiers manufactures and markets home goods and garments, in Metropolitan France including Corsica and Monaco and all over the European Union countries. These are sold under the “MESTIERS” trade marks.

In particular, Mestiers markets the above-mentioned Products through the mestiers.com Website.

The Customer and Mestiers agree that their relationship shall be governed exclusively by these General Conditions of Sale.

These General Conditions of Sale may be recorded electronically for storage purposes and/or be reproduced as a printed version by the Customer.

Mestiers reserves the right to amend these General Conditions of Sale at any time by publishing a new version on the Website. The applicable General Conditions of Sale are those in force on the date when the Order is confirmed.

Article 1. - Definitions

When they start with a capital letter, the terms and expressions referred to below have the following meanings for the purposes of interpretation and performance of these General Conditions of Sale:

"Account”: refers to the intangible entity gathering all the information provided by the Customer, allowing for the billing and delivery of the Products.

"Cart”: refers to the intangible entity gathering all the Products selected by the Customer from the Website for purchase by clicking on these items.

“Delivery”: dispatch of the Item to the Customer;

“Delivery Costs”: the amount of costs incurred by Mestiers in packaging and shipping the Order to the Delivery address indicated by the Customer;

“Delivery Method”: means any standard or express delivery method available on the Website at the time of the Order;

“Delivery Period”: period between the date of the shipping and the date of Delivery of the Order to the Customer;

“General Conditions of Sale”: the General Conditions of Sale contained in this document;

“Item”: the Product or Products to which the Order relates;

“On-line Sale”: marketing of Mestiers’ Products via the Website;

“Order”: request for Products placed with Mestiers by the Customer

“Order Confirmation”: has the meaning ascribed to it in Article 6;

“Price”: the unit value of a Product; this value is expressed in euros inclusive of tax and excluding Delivery Costs;

“Product”: any product offered for sale on the Website;

Store: Mestiers Store located at 9 rue Francoeur, 75018 Paris, France, participating in the commercialization of a selection of products featured on the Site www.mestiers.com.

“Territory”: has the meaning ascribed to it in Article 3;

“Total Price”: the Total Price to which the price of the Delivery Costs is added; this amount is expressed in euros inclusive of tax;

“Website”: On-line Sales website www.mestiers.com used by Mestiers to market its Products.

All references to the singular shall include the plural and vice versa. All references to one gender shall include the other gender.

Article 2. - Purpose

The purpose of these General Conditions of Sale is to define the rights and obligations of Mestiers and of the Customer in relation to the On-line Sale of Products offered for sale to the Customer by Mestiers through the www.mestiers.com Website.

Article 3. - Scope

These General Conditions of Sale are reserved solely for consumers, as defined by law and legal precedent, acting exclusively on their own account.

In accordance with Articles L. 111-1 et seq. of the French Consumer Code, the essential features and prices of the Products sold electronically are available on the Website.

Further, the Customer is given the information provided for in Articles L. 221-8 and L. 221-11 of the French Consumer Code, prior to and subsequent to completion of the sale and in particular through these General Conditions of Sale.

These General Conditions of Sale shall apply to all sales of Products by Mestiers taking place through the www.mestiers.com Website.

The Customer confirms that they have read these General Conditions of Sale prior to the Order Confirmation as defined by Article 6. The Order Confirmation therefore constitutes full and unconditional acceptance of these General Conditions of Sale.

These General Conditions of Sale are applicable to orders placed for delivery within Metropolitan France including Corsica and Monaco and all European Union countries (the “Territory”).

Article 4. - Effective Date and Term

Without prejudice to the provisions of Article 15 below, these General Conditions of Sale shall apply to the Customer and to Mestiers from the date of the Order Confirmation as defined in Article 6.

Article 5. – Website information and accessibility

www.mestiers.com is an on-line sale website owned and managed by Mestiers.

The Website is accessible to all users of the Internet network in principle 24 hours a day and 7 days a week, except in the event of interruption, whether scheduled or not, by Mestiers or its service providers, for maintenance or security purposes and/or in an event of force majeure (as defined below). Mestiers shall not be held liable for any loss whatsoever resulting from the unavailability of the Website.

Mestiers does not guarantee that the Website will be free of anomalies, errors or bugs, nor that the Website will function without breakdown or interruption. In this respect, Mestiers may freely determine, at its sole discretion, any period of unavailability of the Website or its content. Furthermore, Mestiers shall not be held responsible for any data transmission, connection or network unavailability issues.

Mestiers reserves the right to modify the Website for any reason and in any manner whatsoever, without prior information of the Customer.

Article 6. - Ordering Products and Steps in Completion of On-line Sales

In order to place an Order, the Customer is required to follow the steps below:

Type the Website address or access the Website via a link;

Read Mestiers’ General Conditions of Sale and Privacy Policy each time the Customer connects to the Website;

Select the Products by adding them to the Cart (adjust the desired quantities if necessary) or by selecting "Buy now" if the Customer does not wish to add other items to the Cart; the Cart contents can be modified at any time before the Order is confirmed.

Register on the Website by creating an Account by entering Name, First name, email, and password. If the Customer has already created an Account, they can simply log in by entering the corresponding email and password.

By registering on the Website, the Customer represents and guarantees to Mestiers that he/she is of legal age and has the legal capacity to enter into a contract.

Mestiers may delete the Customer’s Account at any time, for any reason whatsoever,at its sole discretion, without incurring any liability in this respect.

·  Fill out the order form by providing the following information depending on the selected delivery method:

For a shipment to the address desired by the Customer, select "Ship" and then provide the following information: Country – Region / Last name / First name / Complete delivery address / Phone number, then select the desired shipping method.

For in-store pickup, select "Pick up."

For a shipment to a collection point, select "Ship to a collection point" and then select the desired Collection Point.

The Customer must ensure the accuracy and completeness of the data they provide. The Customer is required to always keep their personal information up to date. In case of an error in the recipient's details, Mestiers cannot be held responsible for the inability to deliver the Products.

·  Provide bank card information.

Mestiers has implemented the 3D Secure secured payment mechanism allowing its customers’ transactions to be authenticated. 3D Secure is a programme created by the international issuers Visa (Verified by Visa) and Mastercard (Mastercard Secure Code) to enhance the security of on-line payments. At the time of the payment by bank card, you will be required to authenticate your identify by entering certain personal information or a single-use code sent to you by your bank.

After the validation of the 3D Secure authentication, the order is processed, and the bank card is charged.

A confirmation email will be sent to the Customer with the order summary.

Depending on the selected shipping method, the Customer will be informed by the carrier. In the case of a shipment, the Store will provide the tracking number necessary to follow the parcel.

The invoice will also be sent via email.

All Orders placed on the Website are intended exclusively for the Customer’s personal use. The Customer or the intended recipient of the Products is prohibited from reselling all or part of the Products ordered.

Delivery will be made to the delivery address given by the Customer at the time of the Order.

When completing the various steps in the Order referred to above, the Customer undertakes to comply with these General Conditions of Sale.

In accordance with Article L. 121-11 of the French Consumer Code, Mestiers reserves the right to refuse the Order for any legitimate reason.

Article 7. - Price of the Products and Conditions for Validity

The Price of the Products sold on the Website is indicated respectively by item and reference, typographical errors excepted. These Prices take account of the VAT (Value Added Tax/Sales Tax) applicable on the date of the Order but do not include the delivery costs which will be invoiced in addition and will be indicated to the Customer when the Order is confirmed.

At the time of payment, the price payable is the Total Price or Total.

For any order to be delivered outside the European Union, customs clearance, payment of duties or various taxes are the sole responsibility of the Customer.

Offers of Products and Prices remain valid while they are featured on the Website, and to the extent that stocks are available.

The availability of Products is updated automatically in real time. However, an error in the update, regardless of its origin, does not engage the responsibility of Mestiers. As such, Mestiers cannot be held responsible for the cancellation of an Order due to a Product being out of stock.

Mestiers reserves the right to change the Products and prices of the Products offered on the Website at any time without notice, it being specified that the Products offered for sale and the corresponding prices shall be those in force at the time of the Order and as accepted by the Customer when they confirm the Order.

The Customer is informed that for technical reasons, the photographs and illustrations of the Products appearing on the Website may not entirely reflect the Product’s actual appearance (colour, size, reflection, etc.).

Mestiers sells handmade Products. By agreeing to these General Terms and Conditions of Sale, the Customer acknowledges and accepts that these items naturally have slight variations in shape, color, and size due to their artisanal nature, and therefore cannot be subject to any claims on this basis. 

The Customer is invited to refer to the description of each Product to find out about its features.

It is possible that, following an Order, the Customer may receive an item previously returned by another Customer. It is specified that Mestiers only accepts the return of intact, unused, or unworn Products, both of which are verified before restocking returned Products.

The Customer shall remain exclusively liable for the telecommunication costs incurred in accessing the Website.

Article 8. – Refusal to process an order

Mestiers reserves the right to withdraw at any time any Product displayed on the Website and to replace or modify any content or information appearing thereon. Despite Mestiers’ best efforts to satisfy its Customers’ expectations, Mestiers may refuse to process an Order after having sent the Customer the confirmation e-mail summarising such Order.

Mestiers shall not be liable to the Customer or any third party for the consequences of the removal of a Product from the Website, or the replacement or modification of any content or information appearing on these Website, or the refusal to process an Order after the confirmation email summarising the Order has been sent.

Mestiers also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous Order, who has acted in breach of these General Conditions of Sale, in case of suspicious return of Products or generally, in the event of objective suspicion of fraud. 

Mestiers formally prohibits the use of its Website for professional purposes, in particular with a view to purchase for resale on a professional basis. Consequently, Mestiers reserves the right to refuse an order placed by a professional or by a person clearly acting for professional purposes, in particular if the quantity of items ordered unusually exceeds the needs of a consumer. 

Article 9. – Payment conditions

The Customer shall pay the Total Price using one of the following payment methods: CB, VISA, MASTERCARD and AMERICAN EXPRESS.

Payments by check and bank transfer are not accepted.

By providing the information relating to their bank card, the Customer authorizes Mestiers to debit their bank card for the amount corresponding to the Total Price.

The Customer therefore authorizes their bank in advance to debit their account upon sight of the records or statements transmitted via the payment module, even in the absence of invoices hand-signed by the bank card holder. Products ordered shall remain the property of Mestiers until the price has been received in full by Mestiers.

For these purposes, the Customer confirms that they are the holder of the bank card to be debited and that the name appearing on the bank card is their name. The Customer should give the sixteen digits and the expiry date of their bank card and where applicable the numbers in the card security code.

Where the Total Price cannot be debited, the Customer will be invited to start the payment process again. If it is confirmed that the Total Price cannot be debited, the On-line Sale shall be terminated immediately by operation of law and the Order shall be cancelled.

In any event, Products ordered on the Website shall continue to be owned by Mestiers until Mestiers has received payment of their price in full.

Mestiers shall implement all measures to ensure the confidentiality and security of the data transmitted on the Website.

In relation to Internet payments, and with a view to combating Internet fraud, an on-line check will be made at the banking establishments and organizations with jurisdiction. Mestiers confirms that it does not collect or store the Customer’s bank card details.

The information relating to payments is subject to automated data processing separate from that undertaken by Mestiers. The purpose of this automated data processing is to define a level of analysis for a transaction and to combat bank card fraud. This is undertaken by the secure platform of our payment service provider, Stripe, which receives this data to validate your payment and combat fraud. Stripe is an American company headquartered at 3180 18th Street, CA 94110 San Francisco, USA. This transfer of data outside the EU is governed by the Standard Contractual Clauses of the European Commission in order to guarantee you an adequate level of protection.

If an amount goes unpaid as a result of fraudulent use of a bank card, the details relating to the Order associated with the unpaid amount will be entered in a payment incident file opened by a third party. An unlawful declaration or anomaly may also be subject to specific processing.

Article 10. – Delivery of Orders

10.1. Delivery Methods and Times

Mestiers delivers to mainland France and to countries within the European Union, excluding special territories in Spain (Balearic Islands, Canary Islands, Ceuta, and Melilla) and Portugal (Madeira and Azores). Depending on the delivery countries, Mestiers offers one or more delivery methods.

The Order is delivered to the address provided by the Customer.

Mainland France:

Colissimo Home Delivery with signature / 48 to 72 hours

Colissimo Pickup Point / 3 to 4 days

Chrono 18 / Next-day delivery before 6 p.m. after dispatch. For Corsica and the day after public holidays, this period may be extended by one day.

European Union (excluding special territories in Spain: Balearic Islands, Canary Islands, Ceuta, and Melilla, and Portugal: Madeira and Azores):

Colissimo Home Delivery with signature / 3 to 9 days

ChronoClassic / Delivery within 2 to 3 days to major economic centers in the European Union. These are the best indicative times in business days, depending on the destination.

Delivery times are calculated from the day the parcel is dispatched and not from the day the Order is placed or prepared.

Delivery times are provided by La Poste and Chronopost as estimates and correspond to times excluding major events. They may vary depending on the time of year and destination.

The Customer can track the progress of their delivery at any time on La Poste or Chronopost's website by entering the tracking number sent by La Poste or Chronopost.

Any Order placed before 11 a.m. (GMT+1) from Tuesday to Friday is prepared on the same day and dispatched the next day, provided that the day of the order or dispatch is a working day. If the Customer places an order on Saturday, Sunday, or Monday, it will be prepared on Tuesday and dispatched on Wednesday. After 11 a.m. (GMT+1), the order is prepared the next day and dispatched the following day.

Any Order placed during a holiday period listed on the Site will be prepared on the day of return and dispatched the next day.

If the preparation day of the Order and/or the scheduled shipping day is a public holiday, the preparation and/or dispatch will be postponed to the next working day.

During special events organized by Mestiers, such as the holiday season, Valentine's Day, Mother's Day, and Father's Day, order preparation times may be longer.

Mestiers offers the possibility to have the order delivered to the store, located at 9 Rue Francoeur, 75018 Paris, France.

This delivery option is available at the time of Order confirmation under the "Delivery" section. You will need to select "Pick up." An email will be sent to the Customer once the Order is ready for pickup (within 2 to 5 business days, excluding holiday periods indicated on the Site at that time). Upon receipt of this email, the Customer can pick up the Order at the store during opening hours, bringing the email (printed or on a mobile device) and his/her ID. If the Customer is unable to pick up the Order themselves, they may designate a third party to do so. The third party must present their ID, a copy of the Customer's ID, the received email, and a letter of authorization from the Customer for pickup.

The Order will be available for pickup at the store for five days from the date of receiving the email confirming store delivery. After this period, the Order will no longer be available, and the Customer will be refunded.

10.2. Amount of Delivery Costs

The amount of the Delivery Costs depends on the amount and nature of the Order and on the delivery method chosen by the Customer. In any event, the Customer will be informed of the total Delivery Costs prior to Order Confirmation.

Mestiers offers Colissimo Home Delivery with signature or Colissimo Pickup Point delivery for orders of €200 or more for any order to be delivered in mainland France, Corsica, and Monaco.

 

10.3. Delivery Address

The Customer shall choose a Delivery Address which must be located in the Territory, failing which the Order may be refused. The Customer shall be solely liable where a Delivery fails due a lack of details provided at the time of the Order.

10.4. Delivery Delay

In case of a delivery delay, Mestiers cannot be held liable for any reason whatsoever. Consequently, no compensation claims of any kind can be made by the Customer against Mestiers.

10.5. Delivery Tracking

The Customer can track the progress of the Order processing in the carrier's system via the tracking link provided by La Poste or Chronopost. 

10.6 Checking the Order upon arrival

So far as possible, the Customer is required to check the condition of the packaging and the Items upon Delivery.

The Customer may indicate any reservations and complaints he/she considers necessary, or refuse the parcel, notably where the parcel is clearly damaged at the time of Delivery and before it has been opened (such as, for example, if you can hear the noise of a breakage inside). The detailed reservations and complaints should be explained to the delivery driver and also sent to the carrier within ten working days, excluding bank holidays, following the date of Delivery of the Products. In all cases, it is important to state the reasons clearly, given that making a reservation such as “subject to opening of the parcel” is of no value but a reservation such as “significant damage to parcel, dented on the top left, taped” is an acceptable reservation.

The Customer may also send a copy of this letter to Mestiers.

10.7. Failed Delivery

In the event that delivery cannot be completed due to an incomplete or incorrect delivery address, or if the Customer fails to collect the Order from the pickup point they selected, Mestiers will not proceed with a re-delivery. The Customer will be refunded within five days from the date Mestiers receives the Order. Delivery fees and return costs will be deducted from the amount refunded to the Customer.

Article 11. – Right of Withdrawal

You have the right to withdraw from this contract without giving any reason within fourteen days.

The withdrawal period will expire fourteen days after the day on which you, or a third party other than the carrier and indicated by you, takes physical possession of the goods.

To exercise the right of withdrawal, you must notify us by email at the following electronic address: info@mestiers.com, with the subject line "WITHDRAWAL", or by mail to the address Boutique MESTIERS, 9 rue Francoeur, 75009 Paris, FRANCE, informing us of your decision to withdraw from this contract by means of an unambiguous statement.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

Model Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract)

To:

MESTIERS - BARIZE

9 rue Francoeur, 75018 Paris, France

I hereby give notice that I withdraw from the contract for the sale of the following goods:

Reference:

Description:

Quantity:

Ordered on:

Received on:

Name and address of the customer:

Customer number and email address:

Date and signature:

=> Conditions relating to the condition of the product

 For the exercise of this right of retraction, the returned product must be returned in a condition allowing its immediate resale. The product must therefore be returned in  new condition, along with all the various manuals and accessories with which it was delivered and in its original packaging. Mestiers reserves the right to refuse reimbursement of the product if all of these conditions are not met.

=> Effects of Withdrawal

In the event of the Customer's withdrawal from this contract, Mestiers will reimburse all payments received from the Customer, including delivery charges, except for any additional costs incurred if the Customer has chosen a delivery method other than the least expensive method offered by Mestiers. In the case of a partial return of the Order, the refund will cover the price of the returned items and the delivery costs proportionate to the weight of the returned items. The refund will be made without undue delay and, in any event, no later than fourteen days from the day on which Mestiers is informed of the Customer's decision to withdraw from this contract. Mestiers will issue the refund using the same payment method as the one used by the Customer for the initial transaction. Mestiers may delay the refund until the item is received or until proof of shipment of the item is provided, with the earliest of these dates being used.

The right of withdrawal is available exclusively to the Customer who placed the Order, and this right cannot be exercised by the recipient of a gift.

The Customer must return or deliver the goods without undue delay and, in any event, no later than fourteen days after communicating their decision to withdraw from this contract. This deadline is met if the Customer sends back the goods before the fourteen-day period has expired.

=>Return shipping costs

Return shipping costs are expressly borne by the Customer, who recognizes and accepts them by adhering to these General Terms and Conditions of Sale.

=>Restriction on the right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised in relation to orders for products which have been customized at the Customer’s request, or in relation to products which are rendered incomplete, modified, spoiled, damaged and/or soiled by the Customer.

=>Return to Store

The Customer may return their Order to the store at 9 rue Francoeur, 75018 Paris, France. To do so, the Customer must present their ID and invoice, either in paper format or on a mobile device, and return the Items in their new condition to our sales team, who will validate or reject the return. Any item that has been worn, is in poor condition, or does not have all the original tags, instructions, or packaging cannot be returned.

The refund will be made via the same payment method used for the purchase of the item(s).

=>Product Exchange

It is not possible to exchange an Item purchased online from our Website. Any returned Item will be refunded upon receipt within the timeframes outlined above. The Customer is invited to place a new Order.

For returns and exchange requests made in-store, the refund will be processed online via the payment method used for the purchase, and the Customer may make a new purchase in-store.

It is not possible to return Items purchased in the Mestiers store through the website www.mestiers.com.

Article 12. – Claims – Information

For any information, claim, or question regarding these General Terms and Conditions of Sale implemented by Mestiers or the Products themselves, the Customer should contact Mestiers by email at info@mestiers.com, citing the reference and date of the Order.

Article 13. – Warranties 

13.1. Legal Warranties

All products provided by the seller benefit from the legal conformity warranty provided by Articles L. 217-4 and following of the Consumer Code and the legal warranty against hidden defects provided by Articles 1641 and following of the Civil Code.

Except in cases outlined in these General Terms and Conditions of Sale, the items sold are neither refundable nor exchangeable.

When acting under the legal conformity warranty, the consumer:

Has two years from the delivery of the product to take action;

Can choose between repairing or replacing the product, subject to the cost conditions outlined in Article L. 217-9 of the Consumer Code;

Is exempt from providing proof of the existence of the conformity defect for the first six months following the delivery of the product. This period is extended to 24 months from March 18, 2016, except for second-hand goods.

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

The consumer may decide to invoke the warranty against hidden defects of the sold item under Article 1641 of the Civil Code, and in this case, they may choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

Article 14. – Force majeure

In case of an event of force majeure preventing performance of the Order or of these General Conditions of Sale, Mestiers shall inform the Customer thereof within fifteen (15) days of the occurrence of said event, by e-mail or by registered letter with acknowledgement of receipt.

 The following shall be expressly deemed to be events of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts: total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, acts of terrorism, severe weather, epidemics, pandemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing, IT breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relation. 

All the obligations of the parties shall be suspended for the duration of the force majeure event, without compensation. 

If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Mestiers or the Customer without compensation on either side. 

Article 15 – Intellectual Property

Mestiers is the owner of the website’s domain name.

All elements of the Mestiers website, whether visual or auditory, including the brand, logo, domain name, images, models, illustrations, videos, texts, and sounds, are the property of Mestiers and are protected by copyright, trademark rights, or patent laws.

Any partial or total reproduction of the content, by any means and on any medium, for purposes other than personal and private use for non-commercial purposes by the user is strictly prohibited unless there is prior written express consent. Violation of these rights exposes the author to sanctions provided for in both the Intellectual Property Code, particularly for copyright and trademark infringement, and the Civil Code in matters of civil liability.

Non-contractual photos. Products are not represented at their actual size.

Article 16 – Personal Data and Cookies

All the information in your Account is used solely within the context of your commercial relationship with www.mestiers.com. This information is never shared with third parties or resold. Mestiers uses it solely to inform the Customer about new products, offers, or events organized by the brand. If the Customer does not wish to appear on Mestiers' mailing list, they are invited to notify the company. Lastly, Mestiers never holds any banking information. All transactions are entirely handled by the secure payment module of our partner STRIPE.

The website uses cookies (connection tokens), which the user is informed of upon accessing the website, allowing information related to the user's browsing on the site to be recorded. These cookies are only installed after the user's acceptance, and continuing to browse the website constitutes acceptance. The user can oppose the use of cookies by configuring their browser, understanding that access to certain services may require the prior acceptance of cookies by the user.

Article 17. - Limitation of liability

17.1. Capacity:

The Customer declares, prior to their Order, that they have full legal capacity, meaning that they can be bound by these General Conditions of Sale. Mestiers shall not in any circumstances be required to check the legal capacity of its visitors and Customers. Consequently, if any person not having legal capacity orders items on the Website, those legally responsible for such person (notably parents or guardians) shall be fully liable in respect of the Order and, in particular, shall honour the price.

17.2. Limitation of liability:

Mestiers shall not incur any liability in relation to these General Conditions of Sale in the event that failure to perform its obligations is attributable to acts of a third party, even if this is foreseeable, through fault of the Customer, due to the occurrence of an event of force majeure as defined by the French courts or to any other event which could not reasonably be under Mestiers’ exclusive control. Mestiers shall not in any circumstances be held liable for damage which does not result from Mestiers’ breach of one of its obligations.

The information available on the Website is provided without any guarantee as to the suitability of the Products for the Customer’s proposed use of them.

Mestiers accepts no liability in relation to direct or indirect damage, whether foreseeable or not, caused in the course of use of the Website.

In particular, Mestiers shall not be held liable for any damage resulting from the Internet being used to access the Website such as, in particular, loss of data, intrusion, virus, breaks in connection, outage of the Internet network, or any other problems beyond its control.

Mestiers reserves the right to suspend operation of the Website at any time.

Article 18. - Non-waiver

The fact that Mestiers does not at a given time require any provision of these General Conditions of Sale to be performed shall not be interpreted as constituting a waiver of its right subsequently to invoke full or partial performance thereof.

Article 19. - Validity of the General Conditions of Sale

If any of the provisions of these General Conditions of Sales is declared to be fully or partially null and void, the other provisions and the other rights and obligations arising from these General Conditions of Sale shall remain unchanged and continue to apply unless their application has become impossible.