Terms and Conditions
General conditions of sale
Version of 20/12/2022
PREAMBLE
These general terms and conditions of sale ( hereinafter the "General Terms and Conditions" ) apply to any purchase made by a natural person having the status of consumer ( hereinafter the "Customer" ) on the website https://barry-paris.com
( hereinafter the “Site” ), simplified joint stock company, registered in the Bobigny trade and companies register, under number [to be added], having its registered office at 77 rue Danton, 93310 France ( hereinafter the “Seller” ).
IMPORTANT: Any order placed on the Site constitutes the Customer's unreserved acceptance of these general conditions.
1. DEFINITIONS
The terms used below have, in these General Conditions of the Platform, the following meaning:
- "Customer": means the Seller's co-contractor, who guarantees that he or she has the status of consumer as defined by French law and case law. As such, it is expressly provided that the Customer acts for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity.
- “Order”: means the purchase of Products made by a Customer from the Seller on the Site.
- “General Conditions of Sale” or “GCS”: means these contractual conditions governing the sale of the Product by the Seller via the Platform.
- "Customer Area": means the interface allowing the Customer to access their personal space, in which all the data provided is grouped. Access to the Customer Area is via Identifiers.
- "Product Sheet": means the page presenting the commercial offer linked to a Product. The Product Sheet is generally composed of one or more photographs of the Product, the price, the characteristics of the Product and all mandatory information.
- “Identifiers”: means the Customer’s email address and password, required to access their Customer Area on the Platform.
- “Delivery”: means the first presentation of the Products ordered by the Customer to the delivery address indicated when placing the Order.
- “Parties”: in the plural, means together the Customer and the Seller. In the singular, means only one of the two Parties.
- “Platform”: designates simultaneously or separately the Site published and operated by BARRY.
- “Product”: means all Products available on the Platform.
- "Territory": means all territories to which Delivery is provided by the Seller. For further details, the Customer can consult the "Shipping and Delivery" section of the FAQ accessible here .
- "Seller": means the company BARRY SYL, a simplified joint stock company, registered in the Bobigny trade and companies register, under number [to be added], having its registered office at 77 rue Danton, 93310, France.
2. PURPOSE
These General Conditions govern the sale by the Seller to its Customers of the Products.
They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
The Seller does not intend to sell the Products to professionals, but only to consumers or non-professionals, for their personal needs.
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
3. ACCEPTANCE OF THE GENERAL CONDITIONS
These General Conditions of Sale are accessible at any time on the Platform. They are referenced at the bottom of each page of the Platform by means of a link and must be consulted before placing an order.
The General Terms and Conditions applicable to the sale are those in force on the day of the Order. These General Terms and Conditions shall prevail, where applicable, over any other version or any other contradictory document.
The Customer declares having read these General Conditions of Sale and having accepted them by checking the box provided for this purpose before proceeding to the payment of an Order for Products placed on the Platform.
4. PURCHASE OF PRODUCTS ON THE SITE
To be able to purchase a Product, the Customer must be at least 18 years old and have legal capacity or, if a minor, be able to provide proof of authorization from their legal representatives.
The Customer will be asked to provide information that can identify him/her by completing the form available on the Platform. The sign (*) indicates the mandatory fields that must be completed for the Customer's Order to be processed by the Seller.
The information that the Customer provides to the Seller when placing an Order must be complete, accurate and up-to-date. The Seller reserves the right to ask the Customer to confirm, by any appropriate means, his identity, eligibility and the information provided.
5. ORDERS
5.1.Product Characteristics
The Seller undertakes to present the essential characteristics of the Products on the Product Sheets and the mandatory information that the Customer must receive under applicable law.
The Customer undertakes to read this information carefully before placing an order on the Platform.
The Products sold on the Platform are authentic and comply with current European legislation and the standards applicable in France.
5.2. Order Procedure
Product Orders are placed directly on the Platform. To place an Order, the Customer must follow the steps described below:
5.2.1. Selection of Products
It is up to the Customer to select on the Platform the Products that he wishes to order, according to the following terms:
The Customer selects the Products he wishes to order by clicking on the Product(s) concerned and choosing the desired characteristics and quantities, then adds them to his basket.
5.2.2. Orders
Once the Products have been selected and placed in the shopping cart, the Customer must click on the shopping cart and check that the contents of the Order are correct. If the Customer has not yet done so, they will then be asked to identify themselves or provide their contact details if they do not wish to register on the Site.
Once the Customer has validated the contents of the basket and has identified himself/herself/provided his/her contact details, an online form will be displayed to him/her, automatically completed and summarizing the price, applicable taxes and, where applicable, delivery costs.
The Customer is invited to check the details of his Order, its total price and to correct any errors before confirming his acceptance. It is therefore up to the Customer to check the accuracy of the order and to immediately report any errors.
The Customer chooses the delivery method then the payment method and is redirected to a secure payment page where he pays for his Order and confirms it.
Orders placed must include all information necessary for the proper processing of the Order.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, the Customer is redirected to the Platform where a page appears to confirm the validation of their Order.
A copy of the acknowledgement of receipt of the Order is automatically sent to the Customer by email, provided that the email address communicated via the registration/Order form is correct.
5.2.4. Billing
An invoice is established by the Seller and accessible after Delivery. The Customer can access it by clicking on the link provided for this purpose and contained in the confirmation email sent to him by email. The invoice will also be accessible after Delivery within the Customer Area.
5.3. Date of the Order
The date of the Order is the date on which the Seller acknowledges receipt of the Order online. The deadlines indicated on the Platform only begin to run from this date.
The Seller reserves the right to cancel or refuse any Order from a Customer with whom there is a dispute relating to the payment of a previous order and in the event of well-founded suspicions of attempted fraudulent payment according to the criteria established by BARRY SYL's payment partners.
6. PRICES
Prices are expressed in Euros, all taxes included.
Prices include in particular value added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may impact the price of the Products from the date the new rate comes into effect.
The applicable VAT rate is expressed as a percentage of the value of the Product sold.
The prices take into account any reductions that may be granted by the Seller on the Platform.
These rates are firm and not subject to revision during their period of validity, as indicated on the Platform.
The Seller reserves the right to change prices at any time. They do not include any delivery costs, which are charged in addition according to the terms specified in the “Shipping and Delivery” section of the FAQ.
Any delivery costs that may apply are indicated to the Customer prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees when applicable.
The prices indicated are valid, except in the event of a gross error. The applicable price is that indicated on the Platform on the date on which the order is placed by the Customer.
7. AVAILABILITY OF PRODUCTS
The Seller undertakes to deliver the Product on the date or within the time period indicated to the Customer, unless the Parties have agreed otherwise.
The unavailability of a Product is in principle indicated on the page of the Product concerned.
Customers may also be informed of the restocking of a Product by the Seller.
In any event, if, by any extraordinary circumstances, the Product is unavailable, the Seller undertakes to inform the Customer without delay.
If the Customer decides to cancel his order for unavailable Products, he will obtain a refund of all sums paid for the unavailable Products no later than fourteen (14) days following the date on which the contract was terminated.
8. PAYMENT TERMS
8.1. Payment methods
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment or by split payments, according to the following terms and conditions and depending on the Territory:
- By bank cards: Visa, MasterCard, Amex and other credit cards,
- By Paypal,
- By Alma,
- By Sofort,
- Scalapay,
- By Klarna pay later and Klarna Slice it,
- By Bancontact,
- By iDeal.
- Lydia pays
Payment data is exchanged in encrypted mode by the payment providers Mollie and PayPal.
8.2. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the Customer must contact the Seller's Customer Service in order to pay for the order by any other valid means of payment accepted by the Seller.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the Customer proves impossible, the order would be cancelled and the sale automatically terminated.
9. DELIVERIES
Delivery area
The Products offered can only be delivered within the Territory.
It is not possible to place an Order for any Delivery address located outside this Territory.
The Products are shipped to the Delivery address(es) that the Customer has indicated during the Order process.
Shipping time
An automatic email message will be sent to the Customer at the time of dispatch of the Products, provided that the email address appearing in the registration form is correct.
Delivery Times & Costs
Details of delivery times and costs are indicated on the Site and in particular in the “Shipping and Delivery” section of the FAQ.
In the absence of any indication or agreement as to the delivery date, the Seller shall deliver the Product without undue delay and no later than thirty (30) days after the conclusion of the contract (Article L. 216-1 of the Consumer Code).
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time periods specified above.
Orders for 48-hour delivery placed after 4 p.m. will be shipped the next day.
Delivery Terms
Deliveries are made by a carrier selected by the Seller, to the address provided by the Customer or to the relay point selected when ordering and which the carrier can access.
Delivery Problem
In the event of a failure by the Seller to fulfil its obligation to deliver the goods on the date or on expiry of the period provided for in Article L.216-1 of the Consumer Code, the Customer may rely on Article L.216-6 of the Consumer Code, which provides for the possibility:
- to notify the suspension of payment of all or part of the price until the professional performs, under the conditions of articles 1219 and 1220 of the Civil Code;
- to terminate the contract if, after having formally notified the Seller to make the delivery or provide the service within a reasonable additional period, the latter has not complied without delay.
The contract is considered terminated upon receipt by the Seller of the letter or written document informing it of this termination, unless it has been performed in the meantime.
The Customer may, however, immediately terminate the contract:
-When the professional refuses to deliver the goods or when it is clear that he will not deliver the goods;
-When the professional does not fulfill his obligation to deliver the goods on the date or at the end of the period provided for in Article L.216-1 of the Consumer Code and this date or period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Customer before the conclusion of the contract.
These provisions are without prejudice to the allocation of damages.
When the contract is terminated under the above-mentioned conditions, the Seller will reimburse the Customer for all sums paid, at the latest within fourteen (14) days following the date on which the contract was terminated.
The Customer is required to check the condition of the Products delivered. In the event that the package is damaged, the Customer is invited to refuse the package and to explain his refusal by written reservations.
10. TRANSFER OF OWNERSHIP
The Seller remains the owner of the Products delivered until they have been paid for in full by the Customer.
The above provisions do not prevent the transfer to the Customer, at the time of receipt by him or by a third party designated by him other than the carrier, of the risks of loss or damage to the Products subject to the retention of title as well as the risks of damage which they may cause.
In the event of delivery to a carrier other than that proposed by the Seller, the risk of loss or damage to the Product is transferred to the Customer upon delivery of the Product.
11. PROOF AND ARCHIVING
Any contract concluded with the Customer corresponding to an order for an amount greater than 120 euros including tax will be archived by the Seller for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.
The Seller agrees to archive this information in order to ensure monitoring of transactions and to produce a copy of the contract at the Customer's request.
In the event of a dispute, the Seller will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
11. RIGHT OF WITHDRAWAL
Principle of withdrawal: The Customer has the right in principle to withdraw without giving any reason by returning or restoring the Product to the Seller.
To do this, the Product must be returned within fourteen (14) days following notification to the Seller of the Customer's decision to withdraw.
Withdrawal period: The withdrawal period expires fourteen (14) days after the day on which you, or a third party, other than the carrier, and designated by you, takes physical possession of the goods.
In the event that the Customer has ordered several Products via a single order giving rise to several Deliveries (or in the case of an order for a single Product delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last good.
Effects of withdrawal
In the event of withdrawal by the Customer, the Seller undertakes to reimburse all sums paid by the Customer, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by us), without undue delay, and at the latest within fourteen (14) days from the date on which the Seller is informed of the Customer's decision to withdraw (Article L.221-24 of the Consumer Code).
Unless the Seller offers to collect the Products itself, the Seller may defer reimbursement until the Products have been collected or until the Customer has provided proof of shipment of the Products, whichever is the earliest.
The Seller will make the refund using the same means of payment as the Customer used for the initial transaction.
Return Policy
The Customer must in any event, no later than fourteen (14) days after communicating his decision to withdraw from this contract, return the goods to the address provided by the Seller.
This deadline is deemed to have been met if the Customer returns the goods before the expiry of the fourteen (14) day period.
Return costs
The Customer is responsible for the return costs. This amount will be directly deducted from the refund/exchange once the return has been processed by our services. This amount is equal to:
- €4.90 for all orders shipped to mainland France.
- 5.90€ for all orders shipped to Germany.
- €7.90 for all orders shipped to Belgium, Luxembourg, Spain and the Netherlands.
- €10.90 for all orders shipped to Corsica.
- €12.90 for all orders shipped to Switzerland and Italy.
Return costs are the responsibility of the Customer for all Orders shipped to the French Overseas Territories. These costs will be directly deducted from the amount of your refund/exchange once your return has been processed by our services.
In the event that the weight of the Product prevents the Customer from returning this Product by post (in particular in the event that the weight of the Product to be returned exceeds 30 kg), the Customer must also bear the direct costs of returning the goods.
This information is given for information purposes only and cannot be binding on BARRY SYL since the costs actually incurred by the Customer will depend only on the carrier chosen by the latter to return the Product.
The terms and conditions are detailed on the dedicated page of the Site accessible here.
Condition of returned property
The Product must be returned following the Seller's instructions specified on the dedicated page of the Site accessible here and must include in particular all the accessories delivered.
The Customer is only liable for any depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product. In other words, the Customer has the possibility to test the Product but may be liable if handling is carried out other than that which is necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Failure to provide services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the performance of which has begun with his prior and express agreement and with his recognition of the loss of his right of withdrawal, when the service has been fully performed by the professional;
- For the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- Supply of goods made to the consumer's specifications or clearly personalized;
- Supply of goods liable to deteriorate or expire rapidly;
- For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- For the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
- Of the supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;
- For the supply of a newspaper, periodical or magazine, except for subscription contracts to such publications;
- Concluded at a public auction;
- Of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
- Of the supply of digital content without a tangible medium, the performance of which has begun before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when:
- (a) he has given his prior express consent for the execution of the contract to begin before the expiry of the withdrawal period; and
- (b) He acknowledged that he will lose his right of withdrawal; and
- c) The professional has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L. 221-13.
The exchange or refund of the returned Product(s) will be carried out by the Seller under the conditions detailed in the return policy accessible here .
13. PACKAGING
The Products will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the Products during Delivery.
Customers undertake to comply with the same standards when returning Products under the conditions set out in Article 12 – Right of withdrawal.
14. WARRANTY
Apart from the commercial guarantees that the Seller could offer for certain Products, all Customers benefit from “legal” guarantees, for all Products, which are detailed below, in accordance with article L.221-5 of the Consumer Code.
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.
If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the good occurs after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to rescission of the sale if the lack of conformity is minor.
Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code.
Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.
15. RESPONSIBILITY
The Seller shall not be held liable under any circumstances in the event of non-performance or poor performance of contractual obligations attributable to the Customer, in particular when entering their order.
The Seller shall not be held liable, or considered to have failed to comply with these terms and conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.
It is further specified that the Seller does not control the websites that are directly or indirectly linked to the Platform. Consequently, it excludes any liability for the information published there. Links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.
16. FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code .
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing its obligation. The Party noting the event must immediately inform the other Party of its inability to perform its service.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract.
If the impediment is definitive, these presents will be purely and simply resolved by operation of law and the Parties will be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
17. DATA PROTECTION AND FREEDOM
Any consumer has the possibility to register for free on the BLOCTEL telephone canvassing opposition list https://www.bloctel.gouv.fr/
In accordance with Law No. 2020-901 of July 24, 2020 aimed at regulating telephone canvassing and combating fraudulent calls, any professional reserves the right to approach a consumer registered on the telephone canvassing opposition list when it involves solicitations occurring within the framework of the execution of a current contract and having a connection with the object of said contract, including when it involves offering the consumer products or services relating to or complementary to the object of the current contract or likely to improve its performance or quality.
The Seller collects on the Platform personal data concerning its Customers which are necessary for the processing of its Order, the preparation of invoices, the processing of its requests for information and, if the Customer has expressly chosen this option, the sending of newsletters, unless the Customer no longer wishes to receive such communications from the Seller.
This data may be communicated to any subcontractors of the Seller responsible for the execution, processing, management and payment of orders.
The Customer is invited to consult the Seller's Privacy Policy accessible at the following address: https://wethenew.com/conditions-generales/politique-de-confidentialite which will give him more detailed information relating to the protection of personal data, the processing carried out via the Platform and the methods of exercising rights.
18. INTELLECTUAL PROPERTY
All visual and audio elements of the Site, including the underlying technology used, are protected by copyright, trademark law and/or patents.
These elements are the exclusive property of the Seller. Any person who publishes a website and wishes to create a direct hyperlink to the Site must request the Seller's authorization in writing.
This authorization from the Seller will not be granted definitively under any circumstances.
This link must be removed at the request of the Seller. Hypertext links to the Site that use techniques such as framing or in-line linking are strictly prohibited.
Any total or partial reproduction of the Platform and its content, by any process whatsoever, without the express prior authorization of the Seller, is strictly prohibited and will constitute an offense of counterfeiting, or an infringement of the rights of the database producer, punishable by the provisions of the Intellectual Property Code.
Acceptance of these General Terms and Conditions constitutes recognition by the Customer of the Seller's intellectual property rights.
19. VALIDITY OF THE GENERAL CONDITIONS
Any change in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a change or decision shall in no way authorize Customers to disregard these General Conditions.
Any conditions not expressly covered herein shall be governed in accordance with the custom of the retail sector, for companies whose head office is located in France.
20. MODIFICATION OF THE GENERAL CONDITIONS
These General Conditions apply to all purchases made online on the Platform, as long as the Platform is available online.
The General Conditions are precisely dated and may be modified and updated by the Seller at any time.
The General Conditions applicable are those in force at the time of the Order.
Changes to the Terms and Conditions will not apply to Products already purchased.
21. JURISDICTION AND APPLICABLE LAW - LANGUAGE
These General Conditions of Sale are written in French.
These General Conditions of Sale and the operations resulting from them are governed by and subject to French law.
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the Seller and the Customer will be submitted to the competent French courts under the conditions of common law.
However, prior to any recourse to the arbitral or state judge, the Customer is invited to contact the Seller's complaints department.
If no agreement is reached or if the Customer proves that he has previously attempted to resolve his dispute directly with the Seller by means of a written complaint, an optional mediation procedure will then be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any conflict relating to this contract arises, including relating to its validity.
To initiate this mediation, the Customer may contact the Seller's mediator: FEVAD, which may be contacted by post at the following address: 60 rue la Boétie – 75008 Paris or by completing a form on the website accessible at the following address: https://xrm.eudonet.com/V7/app/specif/EUDO_03047/FEVAD/Formulaire.aspx
Any consumer also has the option of using the European online dispute resolution platform accessible at the following address:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR .
The Party wishing to implement the mediation process must first inform the other Party by registered letter with acknowledgment of receipt, indicating the elements of the conflict.
Since mediation is not mandatory, the Client or the Seller may withdraw from the process at any time.
In the event that mediation fails or is not considered, the dispute which may have given rise to mediation will be referred to the competent jurisdiction designated above.