4.6 Liability - Limitation of Liability
The Customer is personally liable for its choice of Products and after delivery is entirely responsible for the conservation and consumption of the Products. In this regard, the Customer is hereby notified that the packaging of the Products indicates the last date on which the Products should be consumed and warns the Customer to check if the Products have deteriorated as a result of heat, transport or any other cause. (Fromages.com SAS. will not be held liable for damage resulting from any of these causes.) Also, Fromages.com SA. will not be held liable for not respecting any laws or regulations in the country where the Products are delivered. Fromages.com SAS. is only liable for complying with French regulations relating to the Products. In any event, the liability of Fromages.com SAS. is limited to the lesser of the following amounts: 1) the direct damage suffered by the Customer or 2) the price of the order irrespective of the basis on which Fromages.com SAS.'s liability may be assessed.
C. Invalidity - Force Majeure - Applicable law - Competent Courts
If any one of the clauses of these General Terms and Conditions are, for whatever reason, declared invalid or invalidated for any reason, this will not affect the application or the validity of the other clauses. The clause declared invalid, or invalidated, will be replaced by the disposition closest to that clause. Neither Fromages.com SAS. nor the Customer will be held liable for any failure to perform their obligations as a result of a force majeure beyond their control, including but not limited to the following: war, riot, insurrection, interruption of transport systems, problems relating to export and import, strikes, lock-out, shortage of Products, fire, earthquakes, storms or floods.
These General Terms and Conditions are governed exclusively by French law. All litigation or disputes between the parties shall be brought only before the competent court in Paris.
In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.152-2 of the Consumer Code, has the option of submitting a request for an amicable resolution through mediation, within a period of less than one year from the date of his written complaint to the professional.
This compagny has designated SAS Médiation Solution as a consumer mediation entity by membership registered under the number CS0001526/2009LACT/30.
In order to refer the matter to the mediator, the consumer must submit his request :
- Either in writing to :
Sas Médiation Solution
222 chemin de la bergerie
01800 Saint Jean de Niost
Tel. 04 82 53 93 06
- Either by mail to: firstname.lastname@example.org
- Or by filling out the online form entitled Saisir le médiateur » on the website https://www.sasmediationsolution-conso.fr.
Whatever the means of referral used, the request must imperatively contain :
- The postal, telephone and electronic contact details of the claimant,
- The name, address and registration number at Sas Médiation Solution, of the professional concerned,
- A brief statement of the facts. The consumer will specify to the mediator what he or she expects from the mediation and why,
- Copy of the prior claim,
- all documents required to process the request (purchase order, invoice, proof of payment, etc.).