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General Terms and Conditions of Sale

Consumers

These general terms and conditions of sale apply to individual consumers only.

PREAMBLE - Products

Les produits offerts à la vente présentés dans le catalogue publié sur le site font chacun l’objet d’un descriptif permettant d’identifier leurs caractéristiques essentielles au sens de l’article L. 111-1 du code de la consommation.

Les photographies illustrant les produits ne constituent pas un document contractuel.

Les produits sont conformes aux prescriptions en vigueur relatives à la sécurité et à la santé des personnes, à la loyauté des transactions commerciales et à la protection des consommateurs au moment de leur mise sur le marché (texte reproduisant C. consom., art. L. 411-1, ancien C. consom., art. L. 212-1).

Les produits sont conformes aux prescriptions du droit français en vigueur au moment de leur mise sur le marché.

Article 1 : Scope of application

These General Terms and Conditions of Sale apply to all orders placed via the www.domainedelenvolee.fr website, irrespective of any other clauses that may appear in the purchaser's documents.

It is sufficient for the purchaser to click on "General Terms and Conditions of Sale" to find out the terms and conditions of his/her order, even before he/she has begun the ordering process

The customer acknowledges having read these General Terms and Conditions of Sale and accepts their terms. In the event of a case not covered by these General Terms and Conditions of Sale, the distance selling rules of the place where the company has its registered office will apply.

The General Terms and Conditions of Sale govern contracts for the sale of products by the professional seller to buyers who are consumers (hereinafter referred to as "consumers"), and, together with the online order, constitute the contractual documents binding on the parties, to the exclusion of all other documents, brochures, catalogues or photographs of the products, which are for information purposes only.

The GCS apply to products delivered to consumers established in mainland France.

The GCS are written in French, as is all the contractual information mentioned on the site (the language of the site is one of the criteria used to determine the other countries to which the site established in France directs its activity and consequently the law applicable to the contract).

Article 2 : Orders

Le Domaine de l'Envolée undertakes to accept orders placed under the terms of these General Terms and Conditions of Sale and within the limits of available stocks.

In the event of a stock shortage, Le Domaine de l'Envolée undertakes to communicate the supply lead times necessary to obtain the desired product or to propose a replacement product. Le Domaine de l'Envolée will honour each order by making one or more deliveries of the products ordered.

By validating their order, the customer declares that they have read and accept the present General Terms and Conditions of Sale.

Orders are not final until they have been confirmed by the payment of the price by the buyer. Orders can only be prepared and dispatched once payment has been received. An invoice will be sent by email as soon as the order has been dispatched.

The Domaine de l'Envolée reserves the right to cancel any orders that do not comply with the terms of the contract or are dubious, as well as those from a customer with whom there is any dispute.

All our offers are subject to availability without commitment and unless sold in the meantime. In the event of a product purchased and stipulated as being "in stock" on the website www.domainedelenvolee.fr l'Envolée undertakes to contact you within 48 hours to agree a partial or complete change to the order.

FORMATION OF THE ORDER

The validation of the order by its confirmation implies the buyer's acceptance of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller in accordance with article 1127-2 of the French Civil Code.

To place an order, the consumer, after having filled his/her virtual basket with the products selected and the quantities desired, then clicks on the "Order" button and provides the information relating to delivery and the method of payment.

Before clicking on the "Confirm order" button, the consumer has the opportunity to check the details of their order and its total price and to return to the previous pages to correct any errors or make any changes to their order.

Confirmation of the order implies acceptance of the GCS and forms the contract.

An e-mail acknowledging receipt of the order and payment will be sent by the seller as soon as possible.

Any modification of the order by the consumer after confirmation of the order is subject to acceptance by the professional seller.

The professional seller reserves the right to make changes to the product ordered in line with technical developments under the conditions set out in article R. 212-4 of the French Consumer Code (formerly C. consom., art. R. 212-4, V).

The professional seller 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.

Le contrat de vente est formé au moment de l’envoi par le consommateur de la confirmation de sa commande.

The sales contract is formed when the consumer sends confirmation of his/her order. Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy in accordance with article 1360 of the French Civil Code (former C. civ., art. 1348). These communications, order forms and invoices may be produced as proof of the contract.

RÉSOLUTION

The validation of the order by its confirmation implies the buyer's acceptance of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller in accordance with article 1127-2 of the French Civil Code.

To place an order, the consumer, after having filled his/her virtual basket with the products selected and the quantities desired, then clicks on the "Order" button and provides the information relating to delivery and the method of payment.

Before clicking on the "Confirm order" button, the consumer has the opportunity to check the details of their order and its total price and to return to the previous pages to correct any errors or make any changes to their order.

Confirmation of the order implies acceptance of the GCS and forms the contract.

An e-mail acknowledging receipt of the order and payment will be sent by the seller as soon as possible.

Any modification of the order by the consumer after confirmation of the order is subject to acceptance by the professional seller.

The professional seller reserves the right to make changes to the product ordered in line with technical developments under the conditions set out in article R. 212-4 of the French Consumer Code (formerly C. consom., art. R. 212-4, V).

The professional seller 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.

Le contrat de vente est formé au moment de l’envoi par le consommateur de la confirmation de sa commande.

The sales contract is formed when the consumer sends confirmation of his/her order. Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy in accordance with article 1360 of the French Civil Code (former C. civ., art. 1348). These communications, order forms and invoices may be produced as proof of the contract.

Article 3 : Prices

Prices are quoted in euros and include all taxes (applicable VAT, excise duties and any other taxes applicable on the day the order is placed, as any change may be reflected in the price of the products).

Prices quoted exclusive of VAT do not include excise duty or any other applicable taxes.

Product prices may change at any time depending on the Domaine de l'Envolée's pricing policy. Products ordered are invoiced at the price in force at the time the order is registered.

Product offers and prices are only valid as long as they are visible on the site and within the limits of available stocks.

Delivery costs may vary depending on the number of products ordered and the delivery method chosen. For all specific orders, please send us an e-mail to the following address: contact@domainedelenvolee.fr

The amount due, indicated in the order confirmation by Domaine de l'Envolée is the final price to be paid, expressed inclusive of all taxes: this price includes the price of the products, handling, packaging and storage costs for the products, administrative costs and transport costs.

In the event of a price promotion, the professional seller undertakes to apply the promotional price to all orders placed during the period in which the promotion is advertised.

Any additional transport, delivery or postage costs (to which must be added any other costs borne by the seller), of which the customer may have been aware prior to placing the order, are set out on the order form.

Costs that cannot be reasonably calculated in advance are payable (clause not to be included if costs are not payable).

Article L. 112-3 of the French Consumer Code (formerly C. consom., art. L. 113-3-1)

1. Where the price cannot reasonably be calculated in advance due to the nature of the goods or service, the trader shall provide the method of calculating the price and, where applicable, any additional transport, delivery or postage costs and any other costs. Where the additional costs cannot reasonably be calculated in advance, the trader shall indicate that they may be payable.

2. In the case of an open-ended contract or a contract with a subscription, the total price shall include the total costs incurred for each billing period.

 

Where such contracts are charged at a fixed rate, the total price also includes the total monthly costs. Where the total cost cannot be reasonably calculated in advance, the method of calculating the price shall be disclosed.

Article 4 : Validity of offers

Products and promotional offers are subject to availability. Le Domaine de l'Envolée cannot be held responsible for a possible stock shortage which would lead to a delay in the delivery of the order.

In the event of unavailability of one or more products after validation of the order, Le Domaine de l'Envolée undertakes to inform the customer by email as soon as possible. In agreement with the customer, Le Domaine de l'Envolée may modify the order or reimburse the customer for the unavailable product(s) by crediting the payment card used to place the order or by cheque.

In the case of a permanent stock shortage in the case of a stock shortage the customer will be reimbursed for the unavailable product(s) or the entire order according to the customer's choice. In the event of a temporary stock shortage, the buyer will be offered to wait until the restocking date, which will be specified. If this is not accepted, the customer may request partial or total cancellation of the order.

The online sales offers presented on the site are reserved for consumers residing in France and for delivery in these same geographical areas.

The online sales offers presented on the site are valid for as long as the products appear in the electronic catalogue and within the limit of available stocks, unless otherwise indicated.

Acceptance of the offer by the consumer is validated, in accordance with the double-click process, by confirmation of the order

Article 5 : Delivery and reception

Domaine de l'Envolée delivers to Metropolitan France. Delivery charges are automatically calculated on our site according to the destination of the order and the weight of the products ordered. Deliveries to any other destination will require a specific quote. Please contact us by e-mail at contact@domainedelenvolee.fr. The Domaine de l'Envolée accepts the order and starts the delivery process on receipt of payment and approval from our verification department. Delivery of the items ordered will be made to the purchaser's home address or to any other address indicated when the order was placed. The information provided by the purchaser when the order is taken is binding: in the event of an error in the recipient's details or incomplete information, the seller cannot be held responsible for the impossibility of delivering the product. In the event of the return of goods due to an incomplete address, the purchaser will be offered two options: reshipment of the goods after payment of the cost of returning the goods. Refund of the order after deduction of delivery costs. Orders can be delivered in one go to one point. Delivery is made by handing over the product directly to the buyer or, failing that, by the seller sending a notice of availability to the buyer. Within fifteen days of the notice of availability, the buyer must collect the product ordered. If the product is not collected within this period, the seller may, after sending a formal notice to the buyer, which has remained without effect, collect the product, cancel the order and retain the deposit paid as compensation. When the product is delivered to the address indicated on the order form by a carrier, it is the responsibility of the purchaser to check the condition of the product delivered in the presence of the delivery person and, in the event of damage or missing items, to express reservations on the delivery note or the transport receipt, and if necessary to refuse the product and inform the seller. If the product does not conform to the order, the consumer must make a complaint to the professional seller with a view to obtaining a replacement product or, where appropriate, cancellation of the sale. The risks of loss or damage to the goods are transferred to the consumer at the moment when he or a third party designated by him takes physical possession of the goods, without distinction according to their nature. The product, which is delivered to the consumer by a carrier chosen by the seller, travels at the seller's risk. Products delivered to the consumer by a carrier chosen by the consumer travel at the consumer's risk from the moment the goods are handed over to the carrier.

Article 6 : Delivery time

Orders are delivered within 7 working days of receipt of payment. Non-working days include Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These times are indicated in the order confirmation received by e-mail by the customer. The order is delivered to the delivery address chosen by the customer.

Any error or modification made by the customer to a delivery order in progress will result in an extension of the planned delivery time. Any additional costs will be borne by the customer.

If the product ordered is not delivered or the service is not provided on the date or at the end of the period mentioned on the order form, the consumer may, after having unsuccessfully enjoined the seller to fulfil its obligation to deliver within a reasonable additional period, rescind the contract by registered letter with acknowledgement of receipt or in writing on another durable medium.

Article 7 : Transport and liability

Goods are always transported at the recipient's risk. The customer is responsible for carefully checking his parcels on delivery in order to immediately express any reservations to the carrier in the following manner: On the delivery note provided by the carrier or by immediately calling the carrier's customer service department, in the presence of the delivery person. And in all cases, by notifying Domaine de l'Envolée by registered letter sent to its correspondence address within two days of receipt of the parcel AND by email to: www.domainedelenvolee.fr. No complaint will be accepted if the customer has accepted the parcel without reservation at the time of delivery.

Article 8: Withdrawal

Article L. 221-5 of the French Consumer Code (formerly C. consom., art. L. 121-17, 2º) requires prior information to be provided on the conditions, timeframe and procedures for exercising the right of withdrawal and communication of the standard withdrawal form, a model of which is provided in the appendix to articles R. 121-21 and R. 121-23 of the French Consumer Code. The conditions, timeframe and procedures for exercising the right of withdrawal are set out in article L. 221-5 of the French Consumer Code (formerly C. consom., art. L. 121-17) and articles L. 221-18 et seq. of the French Consumer Code (formerly C. consom., art. L. 121-21 to L. 121-21-8). The information referred to in 2, 3 and 4 of article L. 221-5 (formerly C. consom., art. L. 121-17) may be provided using the standard information notice appended to article R. 221-3 of the Consumer Code (formerly C. consom., art. R. 121-2). This model is reproduced in this document. The company may also opt for a different presentation of the information. As this information is of a general nature, the company should adapt it to its particular situation and only retain the options that are appropriate. Pursuant to article L. 221-28 of the French Consumer Code (formerly C. consom., art. L. 121-21-8), the customer is informed that the right of withdrawal cannot be exercised for certain contracts. Notification of the right to withdraw may be made using the form available on our website www.domainedelenvolee.fr or by contacting our customer service department by e-mail or telephone. To exercise the right of withdrawal, you must notify us : - your name, your geographical address and, where available, your telephone number, fax number and e-mail address; - as well as your decision to withdraw from the contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail where these details are available and therefore appear on the standard withdrawal form). You may use the model withdrawal form, but this is not compulsory. All products ordered must be returned within 14 days. The withdrawal period expires fourteen days after the day on which you, or the third party you have appointed to do so, takes physical possession of the first goods. EFFECTS In the event of your withdrawal from the contract, we will refund all payments received from you, 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 cheaper standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from the contract, if any. We will make the refund using the same means of payment that you used for the initial transaction. With your express agreement, another means may be used. In any event, this refund will not incur any costs for you. You are reminded that the customer is liable, in the event of withdrawal after use of the goods, for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods. According to the European Commission, these manipulations are those that a consumer can carry out in a shop, for the goods offered for sale there.

Article 9 : Payment

All orders imply payment in accordance with the terms and means specified in the order process. Payments by bank card are made via a secure online payment service or by bank transfer. A payment order made by bank card cannot be cancelled. Payment of the order by the purchaser is therefore irrevocable, without prejudice to the customer's right to retract or cancel the order at a later date.

PENALTY CLAUSE

In all cases of non-performance by the consumer, the deposit paid at the time of ordering shall be retained by the professional vendor as compensation.

Article 10 : Payment methods

Credit card: credit card payments are secured by an SSL-compliant online payment system. In addition, all the bank details that you give us during your online purchase are neither stored nor visible on the internet. Domaine de L'Envolée guarantees the confidentiality of your data. Only bank cards bearing the initials CB, VISA, MASTERCARD or AMERICAN EXPRESS are accepted. Bank transfer: to the following account Domaine de l'Envolée CA du Languedoc IBAN : FR76 1350 6100 0085 1676 9227 995 BIC : AGRIFRPP835

Article 11 : Security of means of payment

Payment security is ensured by the PayPal and Stripe secure payment services. The PayPal and Stripe platforms do not communicate any of the Customer's financial information to Domaine de l'Envolée. Confidential data is entered and transmitted encrypted on the PayPal or Stripe servers.

Article 12: Reservation of title clause (CRP)

The seller remains the owner of the products sold until full payment of the price and the buyer undertakes, as long as ownership is not transferred to him, to take all useful precautions for the good conservation of the products.

From the delivery date indicated on the order form, ownership of the product is transferred to the purchaser, except in cases where full payment of the price has not been received at the time of ordering.

 

Article 13: Personal data

All information provided during customer visits to www.domainedelenvolee.fr is strictly confidential. None of the data or personal details of customers will be sold or rented to anyone without their prior agreement. Customers' personal data will be used solely for the purpose of contacting them about information relating exclusively to our services: accounting, credit card or other payment card control and selection, marketing analysis and statistics, testing, system maintenance and development, customer surveys, customer relations, improving our future communications and better identifying customers' needs and preferences. Once registered on www.domainedelenvolee.fr the customer will be able to access the "my account" page and modify their personal data.

Domaine de l'Envolée may collect, store and use the following data: name, email address, physical details, date of birth and sometimes delivery, invoicing or other information.

In application of the French Data Protection Act of 6 January 1978, the customer has the right to access, modify, rectify and delete data concerning them. Customers may exercise this right by sending an email to the following address: contact@domainedelenvolee.fr

The automated processing of personal data on the www.domainedelenvolee.fr website has been registered with the Commission Nationale de l'Informatique et des Libertés under number 2084825 v 0.

The recipients of the data are the marketing departments of l'Envolée, as well as the payment service providers: PayPal and Stripe and our delivery service providers: Chronopost and Colissimo. Data transfers with our service providers are governed by contract and in accordance with the law in force, and are subject to an adequate level of data security.

Article 14 : Use of cookies

Domaine de l'Envolée uses cookies in particular to recognise customers when they connect to the www.domainedelenvolee.fr website, as well as for functional and analytical purposes and to improve its services. Cookies are small files stored on the customer's computer by their browser when they visit a website.

Article 15 : Guarantees

Domaine de l'Envolée is bound by the legal guarantee against hidden defects, in the sense of article 1641 and following of the French Civil Code: "the seller is bound by the guarantee against hidden defects in the goods which render them unfit for the use for which they were intended, or which diminish this use to such an extent that the buyer would not have purchased them, or would only have paid a lower price, if he had known about them". Consequently, the customer has up to two months from the date of delivery to send a complaint to Domaine de l'Envolée. After this period, the company Le Domaine de L'Envolée will no longer be able to guarantee the products and the customer will have to prove that their deterioration predates their receipt.

All products supplied by the seller are covered by the legal guarantee of conformity stipulated in articles L. 217-4 and following of the Consumer Code (C. consom., L. 211-4 to L. 211-14) or the guarantee against hidden defects stipulated in articles 1641 to 1649 of the Civil Code.

Irrespective of any commercial guarantee that may have been granted, the seller is liable for any lack of conformity of the goods that are the subject of the contract under the terms of article L. 217-4 et seq. of the French Consumer Code (formerly C. cons., art. L. 211-4 et seq.) and for any hidden defects in the goods sold under the terms of article 1641 et seq. of the French Civil Code.

Article L. 217-4 of the French Consumer Code (formerly C. consom., art. L. 211-4)

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.

Article L. 217-5 of the French Consumer Code (formerly C. consom., art. L. 211-5)

In order to conform to the contract, the goods must :

  1. Be fit for the use normally expected of similar goods and, where applicable :
  2. - correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
    - have the qualities that a purchaser may legitimately expect having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
  3. Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L. 217-12 of the French Consumer Code (formerly C. consom., art. L. 211-12)

Any action arising from a lack of conformity is time-barred after two years from delivery of the goods.

When bringing an action under the legal guarantee of conformity, the consumer :

  • - has a period of two years from the date of delivery of the goods in which to bring an action ;
  • - may choose between repairing or replacing the goods, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code (formerly C. consom., art L. 211-9);
  • - is exempt from having to prove the existence of a lack of conformity in the goods during the twenty-four months following delivery of the goods.

Independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity referred to in articles L. 217-4 et seq. of the present code (former C. consom., art. L. 211-4 to L. 211-13) and that relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the Civil Code.

Article 16 : Liability

All the texts and photos presented are for information purposes only and are in no way contractual. Domaine de l'Envolée reserves the right to make modifications to its website, its procedures and the present General Terms and Conditions of Sale in force at the time the order is placed. Domaine de l'Envolée cannot be held responsible, or considered to have failed to comply with these 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. EXEMPTION FROM LIABILITY The professional seller cannot be held liable in the event of non-performance or poor performance of the contract due either to the fault of the buyer, or to the insurmountable and unforeseeable fault of a third party to the contract, or to force majeure.

Article 17 : Applicable law

The law governing this contract is the French language. All clauses of these General Terms and Conditions of Sale, all transactions and purchasing operations carried out via the www.domainedelenvolee.fr website as well as by post and by telephone are governed by French law. Any dispute that cannot be settled amicably will be subject to the jurisdiction of the Courts of the registered office of the Société du Domaine de l'Envolée or the Court of the department chosen by the customer.

Article 18 : Legal information

By virtue of order no. 59-107 of 7 January 1959 which stipulates the prohibition of the sale of alcohol to minors, law no. 74-631 of 5 July 1974, the buyer undertakes, by completing the order form, to be at least eighteen (18) years old on the date of the order by communicating their date of birth when creating their account on the Domaine de l'Envolée website. Alcohol abuse is dangerous for your health. Please consume and enjoy it in moderation.

Article 19 : Modification of the GCS

The professional seller reserves the right to modify its GCS at any time. In the event of modification of the GTCS, the applicable GTCS are those in force on the date of the order, a copy of which dated to that date may be given to the consumer on request. The nullity of a contractual clause does not entail the nullity of the GCS unless it is an impulsive and determining clause that led one of the parties to conclude the sales contract. The temporary or permanent non-application of one or more clauses of the GTCS by the professional seller shall not constitute a waiver of the other clauses of the GTCS, which shall continue to have effect.

Article 20 : Protection of personal data (RGPD)

The professional respects the privacy of its users and clients and undertakes to ensure that all information it collects, in particular concerning the client's use of the e-commerce service in order to purchase or obtain an Edilaix product (subscription, registration for an event organised by the company) which allows the client to be identified, is considered confidential information. The information collected on this site is processed by DOMAINE DE L'ENVOLÉE, the company responsible for processing your requests, orders, registrations and subscriptions. We will only process or use your data insofar as this is necessary. Your personal information will be kept for a period not exceeding 12 months, unless:
  • - You exercise your right to delete your data, under the conditions described below;
  • - A longer retention period is authorised or imposed by virtue of a legal or regulatory obligation. During this period, we take all necessary steps to ensure the confidentiality and security of your personal data, so as to prevent damage, deletion or access by unauthorised third parties.
Access to your personal data is strictly limited to (our administrative staff, our employees and agents, the communications department or the accounts department) and, where applicable, to our subcontractors. The sub-contractors in question are subject to an obligation of confidentiality and may only use your data in accordance with our contractual provisions and applicable legislation. Apart from the cases set out above, we undertake not to sell, rent, transfer or give access to your data to third parties without your prior consent, unless we are obliged to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defence, etc.). In accordance with the French Data Protection Act of 6 January 1978, as amended, and with European Regulation No. 2016/679/EU of 27 April 2016 (applicable from 25 May 2018), you have the right to access, rectify, port and delete your data or to limit the processing thereof. You may also, on legitimate grounds, object to the processing of your data. You may exercise your rights by contacting us, subject to production of valid proof of identity. If you do not wish/no longer wish to receive our news and solicitations (by telephone, SMS, post or e-mail) and invitations, you have the option of telling us so using this form5 , of changing your choices by contacting us under the conditions mentioned above or, where applicable, by modifying the parameters of your online profile. The same applies if you do not wish to receive news, invitations or promotional offers from our partners. In accordance with the European Regulation on the Protection of Personal Data EU 2016/679 (RGPD), Customers may exercise their right to access, rectify, delete, request a restriction on the processing of, oppose or request the portability of their personal data by contacting the e-mail address specified in the contact details on the aforementioned website. For further information or to make a complaint, you can contact the Commission Nationale de l'Informatique et des Libertés (more information at www.cnil.fr). Finally, we would like to inform you of the existence of the "Bloctel" telephone anti-solicitation list, on which you can register (https://conso.bloctel.fr/).

Article 21 : Competent court

In the absence of an amicable agreement, you may refer to the court any dispute relating to the existence, interpretation, conclusion, performance or breach of the contract as well as all documents connected with this contract. The competent court will be that of the defendant's place of residence (article 42 of the Code of Civil Procedure) or that of the place of actual delivery of the goods or performance of the service (article 46 of the Code of Civil Procedure).