General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter the “General Terms and Conditions of Sale” or “GTCS”) govern the contractual relations between intuis-Thermo, with a share capital of €15,510,000.00, having its registered office at 28, rue de Verdun, 92150 Suresnes, registered with the Nanterre Trade and Companies Register under number 722 041 845 (hereinafter the “Seller”), and its clients (hereinafter the “Buyer”), for the sale of heating, ventilation and domestic hot water products and equipment intended for residential or commercial applications (hereinafter the “Products”).
1. GENERAL PROVISIONS – CATALOGUE – ORDER
1.1. Written information or information in the form of illustrations, diagrams or photographs, relating in particular to the layout, shape, dimensions, materials of the Products, and the prices, appearing in the Seller’s catalogue or any other communication medium, is provided for information purposes only and shall not be binding upon the Seller.
1.2. Offers made by the Seller are valid for a period of one (1) month, after which the Buyer may no longer place an order under the price conditions offered by the Seller.
1.3. Any order placed with or sent to the Seller necessarily implies, as an essential and determining condition, the Buyer’s unconditional acceptance of these GTCS and waiver of its own general terms of purchase. The GTCS shall prevail over all the Buyer’s general or specific purchasing conditions and/or over any printed or handwritten provision included in the Buyer’s various commercial documents, whether these documents and/or conditions were sent to the Seller before or after the Buyer received the GTCS. Only specific clauses duly approved in writing by the Seller may derogate from them.
1.4. The Seller shall only be bound by commitments made by its representatives or employees subject to written confirmation.
1.5. Any order must be placed by the Buyer in writing, including by email or by electronic data interchange (“EDI”), and must include the exact designation and reference of the Product, the quantity, and, where applicable, if the Buyer wishes the Transport to be carried out by the Seller, the Place of Delivery of the Products within the meaning of Article 2.2, the base price according to the tariff and the purchase price possibly negotiated with the Seller. When an order is placed on the basis of a quotation or sales offer from the Seller, the reference of such quotation or offer must be indicated in the order. Upon receipt of an order, the Seller, if it accepts it, shall confirm the order in writing, including by email or EDI, by means of an order acknowledgement which shall include the reference, designation, quantity, one of the Places of Delivery within the meaning of Article 2.2, depending on whether or not Transport is carried out by the Seller, the indicative Delivery period, and the price of the Products, thereby forming the contract between the parties.
1.6. The Buyer’s first order shall give rise to the creation by the Seller of a customer account. On this occasion, the Seller shall conduct a creditworthiness assessment of the Buyer, in particular with its credit insurer. The Buyer shall then be informed of the level of credit limit guaranteed to the Seller in light of its solvency.
1.7. The Seller reserves the right to refuse an order, in particular if one or more previous orders have not been settled by their due date, if the order amount exceeds the Buyer’s guaranteed credit limit, or if the Seller has reasons to fear payment difficulties on the part of the Buyer, and to make confirmation of the order conditional upon obtaining from the Buyer accounting, financial and legal documents and, where appropriate, guarantees. In such cases, the Seller also reserves the right to require full or partial payment of the price of the Products at the time of order confirmation. Furthermore, should the Seller be informed by its credit insurer, after order confirmation, of a deterioration in the Buyer’s creditworthiness resulting in a reduction of the guaranteed credit limit below the order amount, the Seller shall then be entitled to modify the initially agreed payment terms and to require the Buyer either to make advance payment or to provide a guarantee, which the Buyer accepts.
1.8. Any order confirmed by the Seller is firm and final.
1.9. The Seller reserves the right to modify certain Products or to discontinue their manufacture without prior notice and at any time.
1.10. The Products sold are supplied with the user manuals and instructions required by legal and regulatory provisions. They are intended to be installed in private and residential premises. The Products comply with applicable directives, standards and the Seller’s specifications, subject to installation and use in accordance with their intended purpose and applicable standards.
1.11. Once the Products have been installed, and provided that they have been installed on the territory of mainland France, the Seller may, through the intervention of an approved technical station, commission the Products, subject to the Seller’s express agreement. Commissioning is not included in the price of the Products and shall be invoiced separately.
2. TRANSPORT – DELIVERY – CUSTOMS
2.1. Transport, including all operations of collection, shipment, customs, carriage, and subscription to insurance relating to transport (the “Transport”) to the place of destination of the Products, shall be carried out either by the Buyer, or, at the Buyer’s request at the time of the order, by the Seller.
2.2. Delivery shall be deemed to have taken place on the following dates (“Delivery”): if Transport is carried out by the Buyer, Delivery shall be deemed to have taken place as soon as the Products are made available to the Buyer at the Seller’s factory or warehouse; if Transport is carried out by the Seller, Delivery shall be deemed to have taken place when the Products arrive at the destination specified by the Buyer in its order, ready to be unloaded by the Buyer.
2.3. Where Transport is carried out by the Buyer, the transfer of risk shall take place on the Delivery date of the Products at the Seller’s factory or warehouse. Transport shall then be carried out at the Buyer’s risk and expense. Additional costs may be invoiced to the Buyer in the event of delay in the collection of the Products at the place of Delivery.
2.4. Where, at the Buyer’s request, Transport is carried out by the Seller, the transfer of risk shall take place on the Delivery date of the Products at the destination specified by the Buyer in its order, ready to be unloaded by the Buyer. The Buyer shall be responsible for unloading the Products and undertakes to have the material means and human resources necessary for handling and unloading at the destination of the Products. If, upon arrival at the destination, the Buyer does not have the necessary means for handling and unloading the Products, the Seller may invoice the Buyer for the additional costs incurred as a result of such failure, including in particular the costs of return Transport of the Products, the costs relating to rescheduling of shipment, additional access time to the site, mobilisation of the Seller’s human resources, etc. Return transport, rescheduled Transport of the Products, and/or any storage of the Products shall furthermore be at the Buyer’s sole risk.
2.5. Transport costs shall be borne exclusively by the Seller, unless the total invoiced amount of the Products is less than €3,000 excluding VAT, per shipment. In such case, a flat rate of €90 excluding VAT shall be invoiced to the Buyer in respect of Transport.
2.6. Delivery times shall mean the time elapsing between the date of the order acknowledgement and the Delivery date as defined in Article 2.2 above, as the case may be. Due to circumstances which may affect the production process, the Delivery times indicated in the offer are indicative. They are updated at the time of the order and specified on the order acknowledgement or on any other document for information purposes only. Any delay in Delivery by the Seller shall in no case entitle the Buyer to cancel all or part of the order or to refuse the Products concerned. Nor shall such delays incur the Seller’s liability or give rise to any deduction, compensation, penalties or damages of any kind.
2.7. The Products are sold packaged, ready to be collected, loaded and transported.
2.8. It is the Buyer’s responsibility to check the Products upon Delivery within the meaning of Article 2.2 of the GTCS, to make all necessary reservations with the carrier and, where applicable, to exercise all remedies against the latter in accordance with Article 4 of the GTCS below.
2.9. The weight of each Product does not include packaging. Any specific packaging shall be invoiced separately.
2.10. For sales abroad and in the French Overseas Departments and Regions and Overseas Communities (DROM-COM), the Buyer undertakes to forward the duly signed transport document to the Seller.
3. PRICE – PAYMENT TERMS
3.1. The prices of the Products are those in force at the time of the order, unless expressly agreed otherwise in the order acknowledgement or any subsequent document expressly accepted by the Seller.
3.2. Where Transport is carried out by the Seller, prices are quoted carriage paid (Transport costs borne by the Seller) and are stated, in accordance with the provisions of Article 10 of the GTCS, exclusive of taxes, eco-contribution and handling costs for collection or shipment from our warehouses (3% in addition to the net of tax price). By exception, if the total invoiced amount of the Products is less than €3,000 excluding VAT per shipment, a flat rate of €90 excluding VAT shall be invoiced to the Buyer in respect of Transport.
3.3. Where Transport is carried out by the Buyer, prices are quoted ex works (Transport costs borne by the Buyer) and are stated, in accordance with the provisions of Article 10 of the GTCS, exclusive of taxes, eco-contribution and handling costs for collection or shipment from our warehouses (3% in addition to the net of tax price).
3.4. The Products sold are invoiced on the date of departure from the Seller’s factory or warehouse.
3.5. No discount shall apply in the event of early payment.
3.6. Unless otherwise agreed in writing between the Parties and without prejudice to the provisions of this Article, invoices are payable within thirty (30) days following the invoice date, by bank transfer. By exception, in the situation referred to in Article 1.7 of the GTCS, the Seller reserves the right to modify the payment terms initially agreed and to require from the Buyer either advance payment of the order or the provision of a guarantee, which the Buyer accepts.
3.7. Any late payment shall result in the invoicing, for the benefit of the Seller, of late payment interest equal to the refinancing rate of the European Central Bank in force, increased by ten percentage points. These amounts shall be increased by collection costs. Any total or partial failure by the Buyer to meet its payment obligations shall give rise to the collection of a fixed indemnity of €40 for recovery costs as provided for in Article D 441-5 of the French Commercial Code, except in the case of higher actual costs, and without prejudice to any damages.
3.8. Payment terms cannot be delayed and no claim regarding the quality of a Product shall suspend its payment, unless expressly agreed otherwise by the Seller. Suspension of payment may, in any event, only be accepted on the invoiced value of the specific disputed items.
3.9. In the event of non-payment in full of an invoice on its due date, and after a formal notice has remained without effect for 48 hours, the Seller reserves the right to suspend/cancel any Delivery and/or Transport of an order in progress and/or to come, and to demand immediate payment of all outstanding receivables.
3.10. No invoice or payment due by the Buyer to the Seller may be subject to set-off at the Buyer’s sole initiative against a claim it may hold or believe it holds against the Seller, particularly in the event of an allegation by the Buyer of late delivery or non-conformity of the Products delivered, the Seller’s prior written consent being essential, irrespective of any contrary provisions which may appear in the Buyer’s purchasing conditions. Any set-off not authorised by the Seller shall be deemed a payment default, in which case the Seller shall be entitled to refuse any new order, or even to stop Deliveries relating to current orders.
4. CLAIMS – RETURNS
4.1. In order to be admissible, claims relating to the composition, quantity and weight of the Products delivered, or non-conformity with the delivery note, must be made in the following form and within the following time limits. If Delivery takes place at the destination indicated by the Buyer in its order, the Buyer must record its claim on the carrier’s consignment note at the time of arrival of the Products at destination and confirm its claim by registered letter with acknowledgement of receipt sent to the Seller within 72 hours of Delivery, without prejudice to the measures to be taken with the carrier within 72 hours in accordance with the provisions of Article L.133-3 of the French Commercial Code. Claims must be detailed and accompanied by photographs. In the absence of claims made in the form and within the time limits specified above, no claim shall be admissible. If Delivery takes place by making the Products available at the Seller’s factory or warehouse, no claim shall be admissible.
4.2. No return of Products shall be accepted without the Seller’s prior written agreement on the principle of the return as well as on its financial and operational arrangements.
4.3. No claim by the Buyer may result in the modification or suspension of the payment due, in accordance with the provisions of Article 3 of the GTCS.
5. RETENTION OF TITLE
5.1. The Seller retains ownership of the Products sold until effective payment in full of the principal price and any ancillary charges. Any clause to the contrary, particularly those contained in the Buyer’s general terms of purchase, shall be deemed null and void. Failure to pay any of the instalments may result, upon first request and without prior notice, in the Seller reclaiming the Products, without prejudice to any damages and/or the right to suspend any other current orders. In the event of non-payment and/or the opening of insolvency proceedings, the Buyer shall immediately authorise the Seller, upon simple request, to enter its premises or storage locations to draw up an inventory of the Products and, if the Seller deems it necessary, to affix a notice to the Products indicating its retention right. By express agreement, the Seller may exercise the rights it holds under this clause in respect of any of its claims over all Products in the Buyer’s possession or claim the resale price in the event of resale, such Products being contractually presumed to be those unpaid. All costs relating to the recovery of the Products shall be borne by the Buyer and shall be added to the Seller’s claim. In the event of damage to the Products recovered, the Seller shall be entitled to claim compensation covering the cost of repairs or the value of the damaged Product.
After the return or recovery of said Products, the Seller may resell them. The proceeds of such sale shall be applied to the sums still owed by the Buyer, including costs relating to the recovery or repair of the goods. By express agreement, the value of the recovered goods, within the meaning of Article 2371 of the French Civil Code, shall be determined by reference to the resale price of the Product before tax, as obtained by the Seller. Should this price exceed the sums still owed by the Buyer, the Seller shall refund the Buyer the difference.
5.2. Without prejudice to the foregoing, the Buyer shall bear the risks of loss or damage to the Products as well as liability for any damage they may cause, from the Delivery date as defined in Article 2.2.
6. WARRANTY
6.1. The warranty is strictly limited, at the Seller’s discretion, to the free replacement of the part(s) of the Product recognised as defective or to their repair in the Seller’s factory. It also includes the return transport of the Products to the Seller. The warranty excludes all labour costs (such as those relating in particular to the recovery, dismantling and reassembly of the Product or the defective part(s)), as well as any compensation by way of damages.
6.2. Any return of parts is subject to the Seller’s prior written agreement, following diagnosis by the Buyer. Once approval is given by the Seller for the return of the defective part(s), they must be shipped by the Buyer, with the customer complaint form duly completed by the Buyer, in order to be received at the Seller’s factories within fifteen (15) days of the Seller’s approval. Beyond this deadline, the Buyer shall lose the benefit of the warranty for the part(s) concerned. Returned parts travel at the Buyer’s risk.
6.3. Defective parts shall be understood to mean those presenting a manufacturing fault. The warranty may only be invoked for Products that have been used under normal conditions of use for which they are intended, and in accordance with the instructions contained in the user manuals supplied with the Products. The warranty shall not apply in cases of accident or force majeure, nor to replacements or repairs resulting from normal wear and tear of the Products, deterioration or accidents arising from negligence or fault of the Buyer or any third party, modification of the Products, defective installation, inappropriate sizing, lack of monitoring, maintenance or storage, or abnormal or non-compliant use with the Seller’s instructions.
6.4. The Products are guaranteed for the period indicated in the Product price list in force at the date of the order, starting from the commissioning date of the Product, recorded on the warranty certificate which the Buyer is required to return to the Seller within two (2) weeks of commissioning. If it is not possible to establish the commissioning date of the Product, the warranty period shall start no later than six (6) months after the date of manufacture of the Product (as indicated on the nameplate affixed to the Product).
6.5. Repairs and replacements carried out under the warranty shall not give rise to a new warranty period and shall not extend the initial warranty.
6.6. Spare parts essential for the use of the Product, or equivalent parts providing the same function, shall be available for ten (10) years from the manufacture of the Product.
6.7. In the event that the Buyer, in the context of reselling the Products to its customers, wishes to extend the duration or scope of the warranties beyond that granted by the Seller under the GTCS, or if such extension of warranty arises from legal provisions applicable in its relations with its customers, the Buyer shall do so entirely at its own responsibility. In such case, the Buyer undertakes (i) not to seek any warranty from the Seller beyond that provided in the GTCS, and (ii) to indemnify and hold the Seller harmless against any compensation (including lawyers’ fees and court costs) to which it may be ordered and against any damage it may suffer as a result of the extension of warranty granted by the Buyer to its customers.
6.8. The warranty provided under these GTCS and those compulsorily provided by law are the only warranties offered by the Seller to the Buyer.
7. LIABILITY
7.1. The Seller’s liability is strictly limited to the obligations set out in these GTCS. The Seller shall only be liable for direct material damage resulting from faults attributable to it. Consequently, the Seller shall not be liable for consequential losses or damages suffered by the Buyer or any third party arising from a breach by the Buyer or a third party, or from the failure to comply with contractual or legal obligations, including but not limited to lack of care, inadequate preservation or storage, insufficient maintenance of the Products, improper installation or use of the Products or the installations in which they are incorporated, or resulting from acts of deliberate damage or vandalism. In any event, the Seller’s liability shall not exceed the amount of the Buyer’s order giving rise to the claim.
7.2. The Seller’s liability is also excluded for damage caused to movable or immovable property which the Buyer does not use primarily for its personal use or private consumption, in accordance with Article 1245-14 of the French Civil Code.
7.3. Any action against the Seller shall be time-barred one year after the event giving rise to the liability claim.
7.4. Under no circumstances shall the Seller be liable to the Buyer or any third party for intangible or indirect losses such as, in particular, loss of profit, loss of business, loss of opportunity, increased overhead costs or reduction in anticipated savings, even if such losses were foreseeable.
7.5. The Seller disclaims all other express or implied liability, including, without limitation, concerning marketing, fitness for a particular purpose, or the results obtained from the use of the Products.
7.6. Any service and/or technical advice and/or documentation, of whatever nature, that the Seller may provide to the Buyer at any time, orally or in writing, shall be provided by the Seller in good faith, for commercial purposes.
7.7. Any introduction by the Seller, at the Buyer’s request, of an installation company for the implementation of the Products shall be carried out by the Seller on a commercial basis, the final choice of the installation company being made by and under the sole responsibility of the Buyer. Consequently, the Seller shall not be held liable for errors committed by the Buyer and/or the installation company chosen by the Buyer during the implementation of the Products.
7.8. The above provisions: (i) shall in no case release the Buyer from its obligation to verify/validate and/or have verified/validated by any competent professional of its choice any service/technical advice/documentation provided by the Seller as well as the suitability of the Products sold for the uses/final purposes and/or transformations for which they are intended, the Buyer being solely responsible for the final use/purpose and/or transformation of the Products; (ii) shall in no way relieve the Buyer and/or the installation company chosen by the Buyer of its responsibility for carrying out all checks required in accordance with its obligations as contractor; (iii) shall under no circumstances confer upon the Seller the status of design and/or execution project manager, builder, or technical controller.
8. EXTENDED PRODUCER RESPONSIBILITY
8.1. In accordance with Article R. 541-173 of the French Environmental Code, the Seller informs the Buyer that the unique identifier assigned to it is “FR007574_05FGXU”.
9. FORCE MAJEURE – HARDSHIP
9.1. Neither party shall incur any liability if it is prevented from or delayed in the performance of its obligations due to an event of force majeure, under the conditions set out in this article.
9.2. A force majeure event shall be deemed to be any occurrence beyond the control of the party in default of its obligation, which could not reasonably have been foreseen at the time of the order confirmation, the effects of which could not be avoided by appropriate measures, and which prevents the affected party from performing its obligation.
9.3. By express agreement, the following events shall be considered as force majeure within the meaning of this article, without the need to demonstrate their unforeseeability: labour disputes, intervention by civil or military authorities, legislative and regulatory changes, natural disasters, fires, flooding, malfunction or interruption of telecommunications or electricity networks, equipment accidents, rejection of significant parts during production, failure or default of a supplier or subcontractor, unavailability of raw materials or energy, interruption or delay in transport, or any other cause resulting in total or partial shutdown for the Seller or its suppliers, pandemic or epidemic, population lockdown, acts of government, acts of terrorism or riots, or the introduction of legislative or administrative measures prohibiting the manufacture and/or marketing of the Products.
9.4. The non-performance of an obligation to pay a sum of money shall not be excused by an event of force majeure.
9.5. The fact that one party is affected by an event of force majeure shall not release the other party from the performance of its own obligations.
9.6. If an unforeseeable change in circumstances at the time of the order renders the performance of such order excessively onerous for the Seller, notably in the event of extended supply lead times or an increase in the price of any raw material or component necessary for fulfilling the order, the Seller may request a renegotiation of the order terms, particularly regarding price. The parties shall renegotiate in good faith with the aim of restoring the economic balance that existed at the time of the order. In the event of refusal or failure of such renegotiation within twenty-one (21) days from notification by the Seller requesting the renegotiation, the Seller may appoint an independent expert registered on the list established by the Paris Court of Appeal to determine the necessary adjustments to restore the economic balance of the order. The terms defined by the expert shall be binding on both parties. The costs and fees of the expert shall be borne equally by the parties.
The Seller may suspend performance of the order during the renegotiation period.
10. TAXES AND OTHER CONTRIBUTIONS
10.1. Prices are quoted exclusive of VAT, Transport costs, eco-contributions and any other applicable taxes. All orders shall be invoiced including VAT, eco-contributions and taxes applicable on the date of Delivery.
10.2. In accordance with Articles L. 541-2 and L. 541-10 of the French Environmental Code, as a manufacturer of electrical and electronic equipment, the Seller has joined the ECO-SYSTEMES organisation to meet its obligations relating to the collection, disposal and treatment of electrical equipment considered as household waste. An eco-contribution is therefore indicated on invoices. This eco-contribution must be passed on in full by any Buyer to its own customers. It may not be subject to any discount or reduction.
10.3. With regard to electrical waste considered as professional waste, unless otherwise agreed between the parties, the collection, disposal and treatment of such waste shall be the responsibility of the Buyer. Under penalty of criminal sanctions, the above-mentioned obligations must be passed on by successive professional buyers down to the final user of the Product.
11. DIVISIBILITY, WAIVER, ASSIGNMENT AND CHANGE OF CONTROL
11.1. The invalidity, unenforceability or, more generally, the lack of effect of any provision of the GTC shall not affect the other provisions, which shall remain fully valid and binding.
11.2. Where possible, the parties agree to replace any provision deprived of effect with a valid provision having the same effect and reflecting their initial intention. Failing this, the provision deprived of effect shall be deemed never to have existed.
11.3. The fact that one party refrains from invoking one or more of the present provisions on a one-off basis shall not be interpreted as a definitive waiver by that party of its right to invoke them.
11.4. The Seller may freely assign all or part of the order(s) concluded with the Buyer. Where the assignment is made to a company outside the Intuis group, the Seller shall inform the Buyer within a reasonable time. The assignment of the order(s) releases the Seller.
11.5. In the event of a change of control of the Buyer, within the meaning of Article L. 233-3 of the French Commercial Code, the Buyer shall inform the Seller in writing without delay. Where such change of control occurs in favour of a company engaged in activities competing with those of the Intuis group, the processing of ongoing orders shall be subject to the prior written consent of the Seller.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. The Buyer shall refrain from making any modifications to the Products.
12.2. The Buyer expressly acknowledges that the intellectual property rights held by the Seller over the Products and the software it uses – including but not limited to trademarks, trade names, product designations, logos or any other distinctive signs, patents, know-how or trade secrets – are and shall remain the exclusive property of the Seller. Unless expressly stipulated otherwise in this article, the Buyer shall hold no intellectual property rights relating to the Products or the software. The Buyer shall therefore refrain from (i) directly or indirectly contesting the validity or ownership of these intellectual property rights, and (ii) manufacturing or having the Products manufactured.
12.3. The Seller grants the Buyer the right to use the Seller’s trademarks, trade name and logos necessary for the resale of the Products, under the conditions granted by the Seller. Such use shall in no event be deemed to constitute a trademark licence for any other purpose.
12.4. The Seller makes no representation and provides no warranty to the Buyer as to the validity of the trademarks and logos granted, or as to whether they infringe (or may infringe) the intellectual property rights of third parties. However, the Seller undertakes to make its best efforts, to the extent legally possible, to ensure a certain level of protection of the intellectual property rights granted.
12.5. The Buyer shall not in any way alter the written or visual references to the Seller’s trademarks and logos appearing on the Products and accessories and/or on any promotional material.
12.6. The Buyer is not authorised to use the Seller’s trademarks/logos/trade name as a corporate name or component of a corporate name, nor to register in its own name, or on behalf of anyone else, any filing or registration including or relating to the trademark, including any trademark filing or domain name registration. The Buyer undertakes to ensure that no confusion may arise, in the mind of any person, and particularly customers, as to its status as an independent trader of the Seller, assuming the risks of its own business, and as to the fact that the trademarks/trade name/logos are the exclusive property of the Seller.
13. CONFIDENTIALITY
13.1. Information of any kind, including but not limited to technical, commercial and financial information, disclosed by one Party to the other, regardless of the medium, shall be subject to the strictest confidentiality. Each Party undertakes to ensure compliance with this confidentiality obligation by any person, including its staff, advisers, potential subcontractors and suppliers, to whom confidential information may only be disclosed for the proper performance of the Sale.
13.2. The confidentiality obligation shall remain in force for ten (10) years from the Delivery of the Product subject to the sale.
14. PERSONAL DATA
14.1. The Parties undertake to comply with the regulations relating to the protection of personal data in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”), and with the legislative provisions applicable in France, in particular the amended “Informatique et Libertés” Law of 6 January 1978.
14.2. In the context of the performance of these terms of sale, the Parties act as independent data controllers and process the personal data of their respective contacts (such as name, first name, email address and telephone number) in order to ensure the proper performance of the contract.
14.3. The Buyer is invited to consult the Seller’s Personal Data Protection Policy by clicking on the following link: https://groupe.intuis.fr/politique-de-protection-des-donnees-personnelles/, which sets out in particular the rights of the data subjects and how to exercise them.
15. APPLICABLE LAW – JURISDICTION – DISPUTES
15.1. These GTCs, and more generally the sale of the Products, shall be governed by French law.
15.2. Any dispute, claim or disagreement of any kind arising between the Parties, and relating in particular, though not exclusively, to the validity, interpretation, performance or non-performance of the GTCs and the sales of Products they govern, as well as the relationship between the Buyer and the Seller under the GTCs, shall be submitted to mediation as a means of amicable settlement prior to referral to the competent courts of Nanterre. This mediation shall be governed by the CMAP mediation rules, to which the Parties declare their adherence (CMAP – http://www.mediationetarbitrage.com).
15.3. In the absence of an amicable agreement between the Parties under the mediation procedure, any dispute or litigation shall fall within the exclusive jurisdiction of the competent courts of Nanterre, notwithstanding multiple defendants or third-party claims, including for protective measures, summary proceedings or applications.