GENERAL TERMS

1. DéFINITIONS 

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"Customer": refers to the buyer, co-contractor of Saint Antoine, who guarantees to be a consumer or non-professional as defined by French law. The customer must be at least 18 years old and have legal capacity or, if he/she is a minor, be able to prove the agreement of his/her legal representatives.

"Saint Antoine": refers to the seller: the company Saint Antoine, owner of the brands Garnier & Linker, and Garnier & Linker Objects, above mentioned.

"General Conditions": means the present general terms and conditions of sale.

"Contract": refers to the sales contract between Saint Antoine and the client, consisting of the present general sales conditions and the order confirmation sent to the client by Saint Antoine.

"Order Confirmation": refers to the email sent by Saint Antoine summarizing the characteristics of the order placed by the client on the site.

"Delivery": refers to the transfer of physical possession or control of the goods sold to the client or, if applicable, to a third party designated by the client.

"Products": refers to all products offered for sale by Saint Antoine on the Site.

"Site": shall designate the Internet site published by Saint Antoine and accessible at https://garnieretlinker-objects.com.

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2. acceptance of the terms and condition — pre-contractual information

 

The general terms and conditions constitute, alongside the order confirmation provided by Saint Antoine, the only contractual documents binding on Saint Antoine. The general terms and conditions are available on the Saint Antoine website where they can be consulted and printed by the client and can also be communicated to him on request by telephone, e-mail or by postal mail. The general terms and conditions are to be opposed to the customer who acknowledges, by checking a box provided for this purpose, to have had knowledge of them and to have accepted them before placing an order. The fact of placing an order implies the express and unreserved acceptance of the general conditions in force on the day of the order by the customer.

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The customer acknowledges having been informed and having read, prior to the conclusion of the contract, in a clear and comprehensible manner, the general conditions and all the information listed in articles l. 221-5 and l. 221-14 of the consumer code.

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3. MODIFICATION OF THE GENERAL terms

 

Saint Antoine reserves the right to modify its general conditions at any time. The general terms and conditions applicable are those in force on the date of the order. Failure to exercise, at any time, a prerogative recognized by the general terms and conditions may not be interpreted, under any circumstances, as a modification of the contract, nor as an express or tacit waiver of the right to exercise the said prerogative in the future. In the event that any of the terms of the general terms and conditions are deemed illegal, void or unenforceable, in particular by a court decision, the other provisions shall remain in force.

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4. PRODUCTS

 

Characteristics of the products sold, including specifications, illustrations and dimensions, are presented on the site.

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The customer is required to refer to the description of each product in order to know the properties and essential characteristics. The choice and purchase of a product is the sole responsibility of the customer. The photographs illustrating the products are not part of the contract. If they contain inaccuracies, Saint Antoine cannot be held responsible.

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The customer is informed that the rendering and visual impression of the products (hue, color, texture) may vary from one product to another due to the method of manufacture, the use of natural or fragile materials, which by nature are never totally identical to one another. Some products may present natural imperfections and irregularities related to the nature of the materials and evolve with time and their environment. The customer accepts these possible imperfections and evolutions of the products inherent to the material and to the artisanal manufacture and which will not be able to give place to the implementation of the legal guarantee of conformity and/or the legal guarantee of the hidden defects.

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In the absence of particular indication, the products are proposed and delivered as long as they appear in the electronic catalog and within the limit of available stocks.

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5. Order

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The customer expressly recognizes that any confirmed order is an order with obligation of payment. Any order implies acceptance of the description of the products and the prices in force on the day of the order.

The online sales offers presented on the site are reserved for customers residing in France and/or in a member country of the European Union and/or in the rest of the world and for deliveries in these same geographical areas. The languages proposed for the conclusion of the contract are French and English. The customer accepts that the information requested for the contract conclusion or those sent during its execution are transmitted by electronic way.

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Product orders are placed directly on the site. It is up to the customer to select the products he/she wishes to order on the site. The different steps to follow to conclude the contract are the following:

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Product selection and order validation - to place an order, the customer, after having filled his virtual basket by indicating the selected products and the desired quantities, checks the content of his order and clicks on the button "validate the order".

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Delivery - the customer is then invited to confirm the delivery address and is informed of the cost and method of delivery.

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Verification of the order/choice of payment method/acceptance of the T&Cs - after clicking on the "next step" button, an online form will be automatically filled in and will summarize the order details (delivery address, characteristics and product(s) references to be ordered, quantity, unit price, applicable taxes: VAT, delivery charges, total amount due by the customer). The customer then chooses the desired means of payment among the means of payment proposed on the site, takes note of the general conditions and expressly accepts them by checking the acceptance box provided for this purpose.

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Order confirmation - before clicking on the "confirm order" button, the customer is invited to check the details of his/her order and its total price and has the possibility to return to the previous pages to correct any errors or possibly modify his/her order.

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Payment - the customer then proceeds to the payment of the ordered products by following the instructions on the site.

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At the end of the steps described above, a page appears on the site to summarize the order.

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Saint Antoine acknowledges receipt and confirms the customer's order, to the email address provided by the customer, by an order confirmation email including a summary of the order and the present general conditions in pdf format. The customer must check the content and accuracy of the order confirmation email and immediately notify Saint Antoine by email of any possible error.

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The information transmitted to Saint Antoine by the customer at the time of the order is binding on the customer: in the event of an error in the delivery address or the recipient's identity, or in the event of failure to indicate the particulars of access to the place of delivery (floor, access code, etc.), Saint Antoine cannot be held responsible for the impossibility of delivering the product ordered. Any modification of the order by the customer after the order has been confirmed is subject to the acceptance of Saint Antoine

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Saint Antoine reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers who are consumers or if there is a dispute with the customer. In the event of the unavailability of the product ordered, Saint Antoine undertakes to inform the customer as soon as possible by email or telephone and to offer him/her the supply of an equivalent product. The customer has a period of five (5) working days to express his/her agreement to substitute the equivalent product for the product ordered. 

In case of silence or disagreement from the customer, the unavailability of the product will lead to the cancellation of the order and, if necessary, the reimbursement to the customer of the unavailable product price within a period of fourteen (14) days. Saint Antoine will not be liable for any additional sum, in particular for any compensation.

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6. ARCHIVING AND PROOF

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Communications, order confirmations and invoices are archived by Saint Antoine on a reliable and durable medium in order to constitute a faithful and durable copy. These communications, order forms and invoices may be produced as proof of the contract.

 

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7. SALE PRICE

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The prices shown are excluding tax. For members outside the European Union, VAT and other taxes will be charged at the time of delivery.

 

You are responsible for any customs duties and taxes charged by your destination country in addition to the item price and shipping charges. 

 

The announced prices of the products do not take into account the delivery and postal charges which are the customer's responsibility, in accordance with article 8 below.

 

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8. SHIPPING COSTS

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Delivery and shipping costs of the products (including possible handling) are at the customer's expense, for the amounts specified before the customer places the order and appearing in the order confirmation. Additional packaging costs that the customer may have been informed of before placing the order may apply, particularly in the event of a special request by the customer.

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9. PAYMENT

 

The price invoiced to the customer is the one indicated on the order confirmation. The invoiced price is due and payable in full, upon acceptance of the order by the customer. The customer pays for his products online on the site according to the proposed means of payment, i.e. payment by bank card (visa, mastercard), apple pay or paypal. The site is equipped with a system of securing online payments (3d secure) to encrypt the transmission of bank data.

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The actual transfer of funds to Saint Antoine constitutes payment in the sense of this article. The order will only be processed by Saint Antoine upon receipt of payment in full and subject to its collection by Saint Antoine. In the event of non-payment by the client, the order may be cancelled by Saint Antoine. In this case, the customer will be informed by email.

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The products' ownership is transferred after full payment by the customer of the price agreed upon when placing the order.

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10. Delivery

 

DELIVERY TIME FOR PRODUCTS

If the products are in stock, the shipping time is five (5) business days. If the products are on pre-order, the production time is twelve (12) to fourteen (14) weeks. 

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Shipping times are indicated on the site before the order is placed, and are summarized in the order confirmation. They start to run from the effective receipt and collection by Saint Antoine of the payment of the totality of the sale price by the customer. 

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If several items ordered at the same time have a different delivery date, the delivery deadline will be the latest. In this case, Saint Antoine reserves the right to deliver the order in several deliveries.

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THE PRODUCTS ARE PACKAGED IN INDIVIDUAL PACKAGING

The place of delivery and the identity of the product's recipient are mentioned in the order confirmation in accordance with the information transmitted by the customer when the order was placed. The delivery will be made by a carrier appointed by Saint Antoine.The product will be delivered in person to the recipient (the customer or a third party designated by him) in exchange for the latter's signature.

Products reception - transfer of risks - delivery conditions

Saint Antoine is responsible for the product until its delivery. The transfer of risk of product loss or damage to the customer occurs upon delivery. If a product is found to be damaged, broken, missing or non-conforming to the order confirmation, the customer is advised to refuse delivery. In all cases, the customer is required to check the packaging state and the product conformity at the time of delivery and must immediately inform the delivery person of any reservations he or she may have about the delivered product condition so that they can be mentioned on the carrier document: damaged packaging, damage suffered, conformity with the order, etc.

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Any complaint about apparent defects or non-conformity of the delivered product, as well as any damage due to transport, must be notified in writing by the customer to Saint Antoine within 48 hours of the delivery of the product, either by registered letter with acknowledgement of receipt to the following address Saint Antoine / Garnier & Linker, 22 rue de l'Echiquier, 75010 Paris, or by email to sales@garnieretlinker.com. A return form (download here) will have to be filled in beforehand by the customer who will have to provide any justification as to the reality of the nonconformities, damages or defects noticed.

In the absence of a complaint within the above-mentioned time limit and conditions, the products delivered will be deemed accepted by the customer.

 

By justifying a defect or a non-conformity of the items by means of the return form duly filled in (download here), the customer will obtain a return authorization from Saint Antoine, specifying the address and the items' terms of return. Once the return authorization has been obtained, the customer will send the products back to Saint Antoine at the address specified on the return authorization according to the terms and conditions indicated. Any product returned without Saint Antoine's agreement will be refused and returned to the sender at the customer's expense and risk.

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In order to be validly returned to Saint Antoine and/or exchanged, the products must not have been used and must be returned in their original packaging with their possible accessories and other documentation.

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In this case, the return costs will be covered by Saint Antoine by means of a return voucher or by reimbursing the customer for the actual amount of the said costs (the proof of shipping costs must be attached to the parcel; in the event of absence, no reimbursement can be demanded by the customer).

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11. right of withdrawal

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CONDITIONS, TIME LIMITS AND MODALITIES FOR EXERCISING THE RIGHT OF WITHDRAWAL

 

In accordance with article l. 221-18 of the French Consumer Code, the customer has the right to withdraw from the contract, without having to justify his reasons, by returning or restituting the delivered products to Saint Antoine at his expense. In order to exercise his/her right of withdrawal, the customer has fourteen (14) days from the delivery of the products to inform Saint Antoine of his/her intention to withdraw by filling in and sending to Saint Antoine, before the expiry of this period, the withdrawal form (download here), or by sending to Saint Antoine any other unambiguous statement expressing his/her intention to withdraw. If the customer has ordered several products and if these products are delivered separately or in the case of an order of a single product delivered in several batches, the withdrawal period will expire 14 days after the delivery of the last product delivered or the last batch delivered.

The notification by the customer of the exercise of his withdrawal right as well as the return of the product will be done at the following address: Saint Antoine / Garnier et Linker, 22 rue de l'Échiquier, 75010 Paris, France, or by email at sales@garnieretlinker.com.

 

effects of the exercise of the right of withdrawal

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The customer must return or restitute the products to Saint Antoine without undue delay and, in any case, no later than 14 days from the date on which the decision to withdraw was sent to Saint Antoine. The costs and risks of returning products are the exclusive responsibility of the customer. Saint Antoine commits to reimburse the customer for the price of the order within 14 days of receiving the product(s).

 

The products must not have been used or damaged and must be returned intact in their original packaging with their possible accessories and other documentation. The customer's responsibility can be engaged in case of deterioration of the product.

 

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12. LEGAL GUARANTEES

 

legal warranty of conformity and legal warranty of hidden defects

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The products are covered by the legal guarantee of conformity provided for in articles l. 217-4 et seq. of the French Consumer Code as well as the guarantee of hidden defects provided for in articles 1641 et seq. of the French Civil Code.

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The customer is reminded that Saint Antoine cannot be held responsible, under these two legal guarantees, in the event of a defect resulting from a cause external to the product or from any action, manipulation, transformation or modification whatsoever carried out by the customer or any third party on the product and not foreseen or specified by the manufacturer, or in the event of a defect or deterioration caused by natural wear and tear of the product, by abnormal use or use that does not conform to the product's intended purpose or by defective maintenance of the product.

 

IMPLEMENTATION OF THE LEGAL GUARANTEE OF CONFORMITY

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The products benefit from the legal guarantee of conformity, for the product apparently defective, damaged or not corresponding to the order.

 

Article l. 217-4 Of the french consumer code: “le vendeur livre un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l’emballage, des instructions de montage ou de l’installation lorsque celle‐ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité”.

 

Article l. 217-5 Of the consumer code: “le bien est conforme au contrat :

 

1º s’il est propre à l’usage habituellement attendu d’un bien semblable et, le cas échéant :

 

— S’il correspond à la description donnée par le vendeur et possède les qualités que celui‐ci a présentées à l’acheteur sous forme d’échantillon ou de modèle ;

 

— S’il présente les qualités qu’un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l’étiquetage ;

 

2º ou s’il présente les caractéristiques définies d’un commun accord par les parties ou est propre à tout usage spécial recherché par l’acheteur, porté à la connaissance du vendeur et que ce dernier a accepté”.

 

Article l. 217-12 Of the consumer code: “l’action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien”.

 

Article l. 217-16 Of the french consumer code: “lorsque l’acheteur demande au vendeur, pendant le cours de la garantie commerciale qui lui a été consentie lors de l’acquisition ou de la réparation d’un bien meuble, une remise en état couverte par la garantie, toute période d’immobilisation d’au moins sept jours vient s’ajouter à la durée de la garantie qui restait à courir. Cette période court à compter de la demande d’intervention de l’acheteur ou de la mise à disposition pour réparation du bien en cause, si cette mise à disposition est postérieure à la demande d’intervention”.

 

Implementation of the legal guarantee for hidden defects

 

Saint Antoine is bound by the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the product delivered and making it unfit for use.

 

Article 1641 of the civil code: “le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine, ou qui diminuent tellement cet usage que l’acheteur ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix, s’il les avait connus”.

 

Article 1648 paragraph 1 of the civil code: “‘action résultant des vices rédhibitoires doit être intentée par l’acquéreur dans un délai de deux ans à compter de la découverte du vice”.

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13. RESPONSABILITy

 

Saint Antoine undertakes to sell products that comply with regulations and standards in force in France and in the European Union at the time of sale. Saint Antoine declines all responsibility and cannot be held responsible for any damage caused to the customer or to a third party due to a use of the product that does not comply with its destination. Saint Antoine cannot be held responsible for the product's non-conformity with the legislation of the customer's country of residence: it is the customer's responsibility to check that the product is not prohibited for sale in his country.

 

Saint Antoine cannot be held responsible in the event of non-performance or poor performance of the contract due to the customer's fault, to the insurmountable and unforeseeable fault of a third party or to a case of force majeure. Cases of force majeure that give rise to the application of this article include natural disasters, fire, strikes inside or outside Saint Antoine, riots, internal or external failures or breakdowns, epidemics, as well as any event and/or any legal, regulatory, administrative or judicial prescription in connection with the contract, administrative or judicial requirements related to the epidemic which would either totally prevent the performance of its obligations by Saint Antoine or its suppliers, or significantly impact the proper performance of its obligations or those of its suppliers.

 

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14. Intellectual property​

 

The customer has no intellectual or industrial property rights on products, packaging and wrapping, Saint Antoine remaining the exclusive owner of all these rights.

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The content and structure of the site are protected by intellectual property law, and this for the whole world. Any reproduction or representation, in whole or in part, of any content on the site (in particular any text, image, iconographic or photographic representation, brand or logo) for any purpose and on any medium is prohibited.

 

The non-respect of these prohibitions constitutes a counterfeit which can engage the civil and penal liability of the counterfeiter.

 

None of the provisions of the general conditions could be interpreted as granting to the customer a license on any intellectual property right.

 

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15. PERSONAL DATA PROTECTION - PRIVACY POLICY - COOKIES

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Within the framework of its activity, Saint Antoine collects and processes computerized data from its customers (in particular: surname, first name, address, email address, telephone number, payment information) in compliance with the regulations relating to personal data protection.

 

To find out more about Saint Antoine's privacy policy and the processing of your personal data, including cookies present on the site, you can consult our privacy policy.

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16. COMPLAINTS

 

Claims will always be received with attentive consideration. In the event of a complaint, the customer should first contact Saint Antoine by e-mail at the following address: sales@garnieretlinker.com to seek an amicable solution. In case of failure of the complaint to Saint Antoine or in the absence of a response within two months, the customer may resort to a conventional mediation or any other method of dispute resolution.

 

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17. RECOURSE TO THE CONSUMER MEDIATOR

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In accordance with the provisions of articles l. 612-1 et seq. of the French Consumer Code, Saint Antoine adheres to the service of the CNPM Médiation Consommation mediator, approved as a consumer mediator by the CECMC (Commission d'Evaluation et de Contrôle de la Médiation de la Consommation) since November 1, 2021, whose contact details are as follows: 27, avenue de la Libération - 42400, Saint-Chamond - https://www.cnpm-mediation-consommation.eu/. After prior written complaint to Saint Antoine which would not have succeeded, the service of the mediator can be seized by any consumer, free of charge, within one year as from the complaint.

 

The consumer may also access the European platform for dispute resolution provided for by Regulation (EU) No. 524/2013 of 21 May 2013 on the online settlement of consumer disputes, in particular cross-border disputes, accessible via the following link:

http://ec.Europa.Eu/consumers/odr/.

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If mediation fails, or if the consumer does not wish to resort to it, he remains free to submit the dispute to the competent courts.

 

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18. APPLICABLE LAW AND JURISDICTION​

 

The general terms and conditions, the contract and, more generally, the entire business relationship between our company and the customer are governed by French law, subject to the application of the mandatory rules of the country in which the customer has his usual residence. The Vienna Convention on international sales contracts is not applicable.

 

In the event of a dispute with the customer, the parties will try as far as possible to resolve their dispute amicably. In accordance with the provisions of the Brussels I bis regulation (EU) n°1215/2012 of December 12, 2012, in the event of a dispute with a customer residing in a member state of the European Union, the customer will have the option of bringing his action either before the jurisdiction of his own place of residence, or before the courts of the member state in which Saint Antoine is domiciled. Saint Antoine can only take action against the customer in the courts of the Member State in which the customer is domiciled. Any dispute with a customer residing outside the European Union will fall under the exclusive jurisdiction of the court of Saint Antoine's registered office.

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19. MISCELLANEOUS

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The general conditions are written in French. In the event that they are translated into one or more foreign languages, only the French version will be deemed authentic in the event of a dispute.

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