Article 1 – LEGAL NOTICES

This site, accessible at the URL https://green-spa.pro (the “ Site ”), is published by:

MGHA, SAS with capital of 50,000 euros, registered with the RCS of LYON under number B 895 398 154, whose head office is located at 254 Rue Vendôme 69003 LYON represented by the duly authorized SASU RESILIENCE,

(Hereinafter referred to as the “ Seller ”).

The Operator's individual VAT number is: FR52895398154

Contact email address: bonjour@green-spa.pro

The Site is hosted by the company Shopify , located at Legal Department 151 O'Connor Street Ground Floor Ottawa, Ontario K2P 2L8.

The Director of Publication of the Site is Geoffrey Tessier

The Seller's Customer Service can be contacted:  by email to bonjour@green-spa.pro

Article 2 – SCOPE OF APPLICATION

These general terms and conditions of sale (the “ General Terms and Conditions ”) apply exclusively to the sale of products marketed by the Seller on the Site (the “ Products ”) to any professional customer acting within the scope of their business and having created an account (the “ Customer ”).

The General Conditions provide in particular the conditions of purchase, payment and delivery of the Products ordered by the Customer. The Customer may refer to the description of each Product appearing on the Site in order to know the characteristics of the latter.

Placing an order for Products on the Site implies, on the part of the Customer, prior acceptance without restriction or reservation of the General Conditions, which the Customer declares to have read.

The General Conditions are made available to Customers on the Site where they can be consulted directly and can also be communicated to them upon simple request by any means.

The General Conditions are applicable notwithstanding any contrary stipulation appearing in any documents originating from the Customer, and in particular in its general conditions of purchase.

The General Conditions are applicable subject to any contrary stipulation appearing in the order form or to specific conditions, where applicable, concluded between the Seller and the Customer concerned.

Article 2 – PRODUCTS AND AVAILABILITY

The price and essential characteristics of each Product are described in a technical sheet appearing on the Site and published, as the case may be, by the Seller or its suppliers. This technical sheet may include descriptions, photographs and graphics which are provided for illustrative purposes only and may be modified/updated on the Site by the Seller.

The Seller, MGHA, reserves the right to deliver the product to you with packaging different from that shown in the photo depending on the supplies from our suppliers.

The Products offered comply with French legislation and European CE standards in force at the time the order is placed.

Product and price offers are valid as long as they are visible on the Site, within the limits of available stocks at the Seller and its suppliers, except in the case of special operations whose validity period is specified on the Site.

The fact that the Seller presents Products on the Site does not constitute an obligation to market them, particularly in the event of stock shortages, unavailability of the Products or the impossibility of marketing said Products, whatever the reason.

Information on the availability of Products is communicated to the Customer at the time of placing an order for purely indicative purposes (subject to any stock errors, simultaneous orders or product deterioration).

In the event that one or more Product(s) are unavailable following the placing of an order, the Seller will inform the Customer in writing of the waiting time for receipt of the temporarily unavailable product. In this case:

- the Seller may, with the Customer's agreement, offer at the same price a product of an identical nature to that initially ordered;

- the Customer will have the choice of waiting for the availability of the missing Product(s) in order to receive their entire order in a single shipment;

- the Customer may cancel the order completely; or

- the Customer may cancel the order for the unavailable Product(s) and thus receive the other Products included in the order.

Article 3 – REGISTRATION CONDITIONS

Any Customer wishing to fully benefit from the Site and purchase Products must:

- have full capacity and act for strictly professional purposes in the activity of the aesthetic sector.

- create your personal space on the Site by filling in the various fields of the account creation form (name, VAT number, name/first name of the contact, email address, telephone number, etc.);

- confirm acceptance of the General Conditions;

- confirm your registration.

Access to the Site is possible from a computer, smartphone or tablet by connecting to the Site.

Use of the Site requires a broadband internet connection and mobile internet where applicable.

Customers are personally responsible for setting up the IT and telecommunications resources enabling access to the Site.

The Services are only accessible from one connection at a time.

When creating an account with email, the Client is asked to choose a password, which guarantees the confidentiality of the information contained in his account.

To validate the registration, the Seller will send the Customer a confirmation email to the email address provided by the latter. The Customer will then activate their account by clicking on the hyperlink provided for this purpose in the confirmation email.

Each Client guarantees the sincerity and accuracy of the information provided for the purposes of their registration, undertakes to notify them of any subsequent changes and guarantees that said information does not infringe the rights of third parties.

The Customer can modify this information, identifiers and password from his account on the Site.

The Customer agrees not to disclose or transfer his or her account, usernames, and passwords and is solely responsible for their use until they are deactivated. The Customer must immediately notify the Seller of any loss or unauthorized use of his or her account.

The Seller reserves the right to delete the account of any Customer who has provided incorrect information.

Article 4 – ORDERS

Any Customer wishing to purchase Products online on the Site must:

- log in to your Client account;

- select the Products he wishes to subscribe to in his basket of Products;

- fill in the various fields of the Customer order form, specifying the delivery address if different from the invoice.

- confirm acceptance of the General Conditions;

- confirm acceptance of the order for the Products;

- choose your payment method;

- make payment for the Products.

Unless expressly provided on the Site, the Customer may not modify his order after having validated it, which will be firm and final.

Upon receipt of payment for the Products included in the order, the Seller will send the Customer an email confirming their order to the email address provided by the latter.

The order confirmation email summarizes the essential characteristics of the Product(s) ordered, the total price, and any other relevant information. This email will also include a tracking number for the Customer's order.

By placing an order on the Site, the Customer expressly agrees that the Seller may send them an invoice electronically. However, they may obtain a paper invoice by sending their request to Customer Service.

To combat fraud, the Seller or its payment or delivery service providers may request additional supporting documents from the Customer or contact the Customer at the time of acceptance and/or shipment of the order. In the event of an unjustified refusal by the Customer to provide the requested information and/or supporting documents, the Seller reserves the right not to accept or to cancel the order without this being subject to any dispute.

The Seller also reserves the right not to accept or to cancel the order of any Customer who has provided incorrect information, who does not proceed with the payment of the Products, with whom there is a dispute relating to the payment of a previous order or who presents an abnormally high level of orders.

Article 5 – PRICE CONDITIONS

The Products are sold at the Seller's price in force appearing on the Site on the day of the order, expressed in euros excluding taxes and fees.

The prices are fixed and not subject to revision during their period of validity, the parties expressly waiving the right to rely on the provisions of Article 1195 of the Civil Code.

Any costs for transport, delivery, order processing (postage, packaging, preparation of the package, optional services subscribed to by the Customer) and other costs, interest and commissions are indicated in the order summary and are established according to the place and method of delivery selected by the Customer, as well as the type of Product and/or the quantity of Products ordered by the Customer.

Any special request from the Customer after the order and generating costs (packaging, transport, etc.) will be subject to additional invoicing to the Customer.

When the Products are not received by the Customer and must be reshipped, additional processing, shipping, transport and delivery costs may be invoiced to the Customer under the same conditions as those provided for when ordering.

The Seller reserves the right to modify its prices at any time for any Products ordered after this modification.

Any price reductions, discounts and rebates may apply to the Products under the conditions set out on the Seller's Website or in any other document communicated to the Customer. In the event of a promotional rate, the Seller undertakes to apply this rate to any order placed during the promotional period.

Any change in prices resulting from an increase in value added tax or the creation of any new tax based on the price of the Products will be immediately and automatically applied.

Article 6 – BILLING AND PAYMENT CONDITIONS

6.1 – INVOICING

In case of specific services:

The Products are invoiced and the price is due in full and payable in one or more installments within 30 days from the end of the month from the date of issue of the invoice.

In the case of services to be performed successively:

The Products are invoiced and the price is due and payable at the end of each month giving rise to the delivery of the Products.

In the event of early payment by the Customer, no discount will be applied. Under no circumstances may payments be suspended or subject to any compensation without prior written agreement between the Seller and the Customer. Any suspension, deduction or compensation made unilaterally by the Customer will be treated as a default in payment and will result in all the consequences of late payment.

It is expressly agreed that the Customer is validly notified to pay by the sole due date of the obligation, in accordance with the provisions of Article 1344 of the Civil Code. In the event of late payment of any of the due dates, the Seller reserves the right, without any compensation being due to the Customer, to:

- demand immediate payment of all sums due in respect of the Products, these becoming immediately due regardless of their initially scheduled due date;

- refuse any new order or require for any new order cash payment or a guarantee for the proper execution of commitments;

- allocate any partial payment first to the non-privileged part of the debt and then to the amounts due the earliest;

- reduce, suspend or cancel current Product orders, 7 days after formal notice has remained without effect, sent by the Seller to the Customer;

- apply, without prior formal notice, to all amounts due, from the first day of delay and until full payment, late payment penalties calculated at the rate referred to in Article L.441-6 of the Commercial Code; and/or

- demand the payment of a fixed compensation of €40 for recovery costs, for each invoice paid late, and the payment of compensation equal to 10% of the amounts still owed on Sales of Products, without prejudice to the compensation of any damage actually suffered.

The Seller shall have the right to proceed to a settlement by offsetting, automatically and without formalities, of all sums that it may owe, with the Customer's debts to it, whether or not the conditions for legal offsetting are met.

6.2 – PAYMENT METHODS

The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires payment of a price for the Products under the aforementioned conditions.

Orders can be paid using one of the following payment methods:

● Payment by credit card. Payment is made directly on the secure banking servers of the Seller's bank; the Customer's bank details are not transmitted to the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. Bank cards issued by banks domiciled outside France must be international bank cards. Payment via these bank cards is made in cash, without discount. In the event of a dispute with Alma, you have the option of appealing to the AFEPAME consumer mediator.

● Payment in several installments by bank card :

The Customer has the option to pay for their order by credit card in 2, 3 or 4 installments without fees , for any amount up to €4,000 including tax . They can also choose to pay in 10 installments with fees , up to a limit of €4,000 including tax . This solution is offered via our secure payment provider, subject to eligibility. Details of the due dates and applicable fees are specified when choosing this payment method.

● Payment by direct debit. The Customer can pay for their order by direct debit. When ordering, the buyer will provide the details of the account from which the direct debit will be made. Direct debit within 30 days of the end of the month is free for orders over €300 excluding VAT. Otherwise, a €10 excluding VAT handling fee will be charged. Please allow an additional 72 hours for dispatch while your creditworthiness is checked. If your direct debit is rejected, you will be charged a €15 excluding VAT bank fee.

6.3 – RETURN POLICY

If you wish to exchange or return a product, Green Spa offers this option for 14 days from the invoice date of your order. We do not cover return shipping costs, and restocking fees are the customer's responsibility.

Please note that the product to be returned must be intact, returned in its original packaging, with all its accessories and user manual. However, please note that for hygiene and safety reasons, cosmetic products (capped, circled, opened) are not eligible for our return policy.

When returning, please follow these steps:

1. Make sure your product is well packaged, ideally in its original packaging, so that it is protected during transport.
2. Affix your order reference to the package so that we can identify it.

Please note that any returns due to an order error on your part will result in a 30% discount on the value of the returned product. A credit note will be issued and the refund will be processed within 5 business days.

Finally, if you notice upon receipt of the equipment that parts or accessories are missing, please contact Green Spa after-sales service via the messaging service on the website https://green-spa.pro/

Article 7 – DELIVERY OF PRODUCTS

7.1 Delivery

Delivery of the Products ordered by the Customer may not take place until the Customer has actually paid the amount referred to in Article 6.1 above.

The Products can be delivered to the following geographic areas: Metropolitan France, EU, Non-EU.

Upon confirmation of the order and payment by the Customer, the Products will be shipped according to the method, to the address and within the delivery time shown in the order summary with the corresponding invoice.

The Customer undertakes in this regard to make every effort to ensure the correct receipt of the Products on the day of delivery. The cost relating to any new delivery will be borne by the Customer. Furthermore, in the event of a delivery error resulting from the communication of inaccurate information by the Customer (delivery location, accessibility of the location or any other problem) resulting in the need for a new delivery, the related costs will be invoiced to the Customer.

If the Seller has given its prior consent, the Customer may collect the Products ordered from the location indicated by the Seller.

In the event of delivery outside mainland France, the Customer will be considered the importer of the Products and required to comply with the regulations of the country of delivery, it being specified that cross-border deliveries may, where applicable, be subject to an opening and inspection procedure by the customs authorities.

7.2 Conformity of delivery

The number and condition of the Products must be checked by the Customer at the time of delivery.

The Seller will be required to take back the Products in the event of delivery of non-compliant or damaged Products upon delivery. The customer has 14 days to file a claim. After this period, the Seller will no longer be held liable.

The Customer must have any apparent defects, missing products or damage noted in writing to the carrier by clear, precise and complete reservations on the delivery note. The Customer must confirm his complaint to the Seller and the carrier by registered letter with acknowledgment of receipt within 14 days from delivery of the goods.

The Seller will validate the return request and send the Customer by email a return slip to be included with the shipment of the Products.

The Customer must return the non-compliant Product to the Seller as soon as possible.

Unless the Seller's exclusive liability is undeniably established or is expressly acknowledged by the Seller, the costs and risks of return shall be borne by the Customer. The Seller reserves the right to refuse the return if the Products are not in their original condition.

If the Customer fails to comply with the above procedure, the Customer will be presumed to have waived any action against the Seller and/or the carrier and to have received the goods in conformity and in good condition. The Seller will therefore not accept any claims, returns or requests for credit notes from the Customer.

7.3 - Characteristics of delivery methods

Orders are generally delivered to the delivery address provided by the Buyer. Deliveries are made either by La Poste (Colissimo) or by a carrier (DPD, Schenker, Khuene), depending on the order volume and the chosen delivery time.

Upon delivery, the Buyer or the recipient of the order electronically signs an acknowledgment of receipt or signs a transport slip provided by the company mandated by Green Spa. This constitutes valid proof of delivery of the products ordered by the Buyer or the recipient of the order.

In case of absence, the Buyer or the recipient of the order has two options:

1. Receive a delivery notice, allowing you to contact the carrier to arrange a new delivery date.
2. Be contacted by the carrier to arrange a new delivery date.

If the package is not collected within 10 working days of receipt of the delivery notice, it will be returned to Green Spa and the Buyer will be reimbursed for the amount of their order, less delivery costs and restocking costs, according to the reimbursement method chosen by Green Spa.

No dispute regarding the delivery itself is possible if the package is marked as delivered, with the computer tracking system (flashing) or the delivery slip signed by the carrier serving as proof.

7.4 - Delivery Conditions

In mainland France :

• Free delivery for orders over €200 excluding VAT.

• For any order between €100 excluding VAT and €199.99 excluding VAT :

  • Home delivery: €8.90 excluding VAT

  • Delivery to a relay point: €4.90 excluding VAT

• For any order less than €100 excluding VAT :

  • Home delivery: €13.00 excluding VAT

  • Delivery to a relay point: €9.50 excluding VAT.

  • For the EU, the postage remains fixed at €250 excluding VAT.

Additional shipping costs apply in the following cases, whether or not the order amount reaches €150 excluding VAT:

• for all deliveries to Corsica: + €24 incl. VAT (€20.00 excl. VAT). A regularization invoice will be sent to you separately.

7.5 - Delivery Times

Delivery times are given as an indication and may vary depending on product availability. Any delay of less than 60 days does not justify cancellation of the order, refusal of the goods or their payment, or a claim for damages. In case of delay of more than 60 days, the Customer will however be entitled to request the cancellation of the sale, the deposits already paid will be returned to him by the Seller.

Delivery times in mainland France are generally 24 to 72 hours, depending on the delivery department. For Corsica, please allow an additional 1 to 2 business days.

Delivery times begin as soon as the package is shipped. Please note that our business dedicated to beauty professionals may result in slightly longer delivery times, which we strive to minimize.

If your order has not been shipped within 60 days and you wish to cancel it, please contact our customer service by telephone and then confirm your request by registered letter with acknowledgment of receipt, to the contact details provided in the "Contact Us" section. No compensation or damages will be awarded, but we will refund the full amount paid for the order, at your option, within 14 days of your request.

7.6 - Anomaly, damage, damaged package

• Article 8 – OWNERSHIP AND RISKS

8.1 - Reservation of ownership

By way of derogation from the provisions of Article 1583 of the Civil Code, it is expressly agreed with the Customer that the transfer of ownership of the Products delivered is suspended until full and effective payment of the price in principal, interest, taxes and all incidental costs. The delivery of drafts, bank checks or any other instrument creating an obligation to pay does not constitute effective payment in this regard.

Acceptance of deliveries or documents relating to these deliveries constitutes acceptance of this clause.

In the event of non-payment of the price on the agreed due date, the Seller expressly reserves the right to consider the sale cancelled and to claim the said Products after formal notice by registered letter or bailiff's summons remaining without effect within 7 days of their presentation.

As long as the Products do not belong to the Customer, it is prohibited to dispose of them, in particular to pledge them, exchange them, or transfer ownership of them as security. However, as a tolerance and for the sole needs of its business, the Seller authorizes the Customer to resell the Products. The Customer therefore undertakes to inform its customers, professional resellers, of the existence of the retention of title clause on the Products and of the right reserved by the Seller to claim, from them, either the disputed Products or the price.

The Customer also undertakes, in return, to identify the Products under retention of title, not only at the end of the financial year but also on a permanent basis, by any means at its convenience. The Customer must include the Products subject to retention of title on its balance sheet as assets. Products pending sale are presumed unpaid up to the amount of the seller's claim according to the "first in, first out" (FIFO) rule, i.e. any payment by the Customer will be allocated to the oldest Products and it will be the Products subject to the last delivery that will always be considered to be subject to retention of title.

Notwithstanding the fact that the Customer will only have ownership of the Products upon actual payment, the transfer of risks of the Products to the Customer will take place under the conditions provided below. The Customer therefore undertakes to take all necessary care in the custody and conservation of said goods.

The Customer shall immediately notify the Seller by any means ensuring full communication of any fact likely to compromise its right of ownership, in particular the opening of a safeguard, liquidation or judicial recovery procedure, seizure or any other protective measure. In the event of the opening of a safeguard, liquidation or judicial recovery procedure, the Customer undertakes to participate in the establishment of an inventory of the Products in its stocks and for which the Seller claims ownership or payment and to effectively assist it in the claim procedure introduced with the competent authorities. In the event of seizure or any other protective measure on the Products delivered by the Seller, the Customer shall raise all protests against the third party and shall take all protective and enforcement measures.

All legal and judicial costs generated by the recovery of the Products subject to retention of title or their price will be borne by the Customer.

8.2 - Transfer of risks

The Products will be at the customer's expense, risk and peril from the time they are handed over to the carrier or collected by the Customer.

In this case, the Seller will be deemed to have fulfilled its delivery obligation as soon as it has handed over the Products to the carrier and the latter has accepted them without reservation, the Customer having no recourse under warranty against the Seller in the event of non-delivery or lack of conformity of the Products upon delivery.

The Customer will therefore subscribe to all useful insurance contracts guaranteeing the risks of loss, destruction or theft of the goods for which the risks have been transferred.

Article 9 – GUARANTEE

Any return of defective Products or those due to defects in material, design or manufacturing requires the prior written consent of the Seller. Unless the Seller's liability is undeniably established or if it is expressly acknowledged by the Seller, the costs and risks of return will be borne by the Customer. The Seller reserves the right to refuse the return if the Products are not in their original condition.

No returns of unsold Products will be accepted.

Any defective Product may be subject to repair, replacement with an identical or equivalent product, or reimbursement, depending on the solution that the Seller or the manufacturers concerned consider most appropriate, except in the case of:

- alteration or modification of the Products;

- abnormal or non-compliant use or use of the Products;

- defects and consequences linked to use not in accordance with the use for which the Products are intended;

- defects and consequences linked to any external cause;

- normal wear and tear of the Products;

- failure to comply with the return procedure by the Customer.

In the event of a dispute regarding the warranty coverage of a Product, the parties must do their best to reach an amicable settlement of the situation.

In the absence of an amicable settlement and in the event of sufficiently serious non-performance by the Seller, the Customer may automatically terminate the sale and obtain, where appropriate, damages from the Seller to compensate for the loss suffered, the Customer waiving in advance the right to request forced performance in kind of Products by the Seller or a third party or a proportional reduction in the price, by express derogation from the provisions of Articles 1221, 1222 and 1223 of the Civil Code.

Article 10 – AVAILABILITY OF THE SITE

The Seller strives to ensure access and proper functioning of the Site twenty-four hours a day, seven days a week.

The Seller cannot, however, exclude the possibility that access to and operation of the Site may be interrupted, particularly in the event of force majeure, malfunctions of the Customers' equipment or internet network, failure of telecommunications operators, interruption of electricity supply, abnormal, illicit or fraudulent use of the Site by a Customer or a third party, decision of the competent authorities, or for any other reason.

The Seller also reserves the right to make any modifications and improvements to the Site and the Services of its choice related to technical developments or proper functioning.

General and temporary interruptions of the Site will, where possible, be notified via the Site before they occur, except when these interruptions are of an emergency nature.

Article 11 - LIABILITY

The Seller shall not be liable in the event that the failure to perform its obligations is attributable to the Customer, to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure within the meaning of Article 1218 of the Civil Code, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, factory closures, floods, fires, failure of production or transport not resulting from its personal actions, disruption of supply, wars, riots, insurrections and more generally any circumstance or event preventing the Seller from properly performing its obligations.

The Seller shall not be liable for any indirect or immaterial damages or losses such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customers, loss of business, commercial loss or disruption or damage to image, which may result from the delivery of non-compliant or defective Products or from the failure to deliver the Products.

The sale of Products and these General Conditions being in accordance with French legislation, the Seller cannot be held liable in the event of non-compliance with the legislation of another country when the Customer places an order for a Product from another country.

In any event and in all cases of return, if the Seller's liability should be retained, it may in no case go beyond the purchase price of the goods paid by the Customer.

In accordance with the provisions of Article 2254 of the Civil Code, any legal action by a Customer against the Seller is subject to limitation upon expiry of a period of one (1) year following the date on which the Customer concerned became aware or is presumed to have become aware of the damaging event.

Article 12 – RECORDING SYSTEMS

The computerized records, stored in the computer systems of the Seller and its partners under reasonable security conditions, will be considered as proof of the communications and actions of the Customers and the Seller. The archiving of these elements is carried out on a reliable and durable medium in such a way as to correspond to a faithful and durable copy within the meaning of the applicable regulations.

Each Customer acknowledges the evidentiary value of the Site's automated recording systems and declares that they waive the right to contest them in the event of a dispute.

Article 13 – PERSONAL DATA

For more information regarding the Seller's use of personal data, please read the Privacy Policy (the " Policy ") carefully. You can consult this Policy on the Site at any time.

Article 14 – HYPERTEXT LINKS

Hyperlinks available on the Site may lead to third-party or partner sites. They are provided solely for the convenience of the Customer, in order to facilitate the use of resources available on the Internet. If the Customer uses these links, he/she will leave the Site and then agree to use third-party sites at his/her own risk or, where applicable, in accordance with the conditions that govern them.

In any event, the existence of a hyperlink to the Site from a third-party site or on the Site to a third-party or partner site cannot engage the responsibility of the Seller in any capacity whatsoever and in particular with regard to the availability, content and products and/or services available on or from this third-party or partner site.

The Customer is not authorized to create on a third-party site one or more hypertext links to the home page of the Site or to its profile page, except with the prior written authorization of the Seller.

Article 15 – INTELLECTUAL PROPERTY

The Seller is the sole owner of all content present on the Site, including but not limited to all texts, files, images, whether animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Contents of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, free of charge or for a fee, by a Customer or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior written authorization of the Seller, and the Customer is solely responsible for any unauthorized use and/or exploitation.

Furthermore, any extraction, integration, compilation, or use for commercial purposes of information contained in the databases accessible on the Site, as well as any use of software, robots, data mining systems and other data collection tools is strictly prohibited for Customers.

The Seller, however, grants Customers, subject to their compliance with these General Conditions, a non-exclusive and non-transferable right to access the content on the Site, of which it holds full ownership, to download it and to print it for personal and non-commercial use.

The Seller may hold intellectual and/or industrial property rights relating to the Products sold to the Customer. If the Customer becomes aware of an infringement of the Seller's intellectual and/or industrial property rights, the Customer must immediately inform the Seller in writing.

Article 16 – DURATION – SUSPENSION – TERMINATION

In the event of a one-off sale or in application of special conditions, these General Conditions are applicable for the duration of each sale of Products carried out between the Seller and a Customer or, where applicable, for the duration of the special conditions concluded with a Customer.

In the event of a sale with successive execution, these General Conditions are applicable for an initial period of 12 months. In the absence of termination of these General Conditions within a period of 3 months preceding the end of this initial period, the sale of the Products and the General Conditions are tacitly renewed for a new period of a duration equivalent to the initial duration appearing on the order form, at the pricing conditions in force on the date of renewal.

The Seller reserves the right to suspend a Customer's access to the Site permanently or temporarily, in the event of a breach by said Customer of its obligations resulting from these General Conditions.

Furthermore, the Seller or the Customer may terminate the General Conditions automatically and in advance by sending written notification:

- in the event of the occurrence of a case of force majeure as referred to in Article 11;

- after having notified the other party in the event of a serious breach by the latter of its obligations or under applicable laws and regulations, which has not been remedied within fifteen (15) days (when this breach can be remedied) following written notification indicating the nature of the breach and the need to remedy it.

Article 17 - CONFIDENTIALITY

During the term of this Agreement, each party may become aware of or receive confidential information, documents and/or data concerning the other party. Accordingly, each party undertakes, both on its own behalf and on behalf of its agents for whom it acts as guarantor, to maintain the strict confidentiality of all confidential information, documents and/or data of any nature relating to the results, activity or clientele of the other party or any information received or obtained from a party in the context of the established contractual relations.

This confidentiality commitment of the parties is valid, both for the duration of this agreement and for a period of two (2) years following its expiration or termination.

Article 18 - NOTIFICATIONS

Any written notification or summons required or permitted under the provisions of this Agreement shall be validly given if sent by letter delivered by hand or by hand against receipt of delivery, by registered mail with acknowledgment of receipt, or by electronic mail (except in the event of termination of this Agreement), addressed to the contact details of the party concerned, each party electing domicile at its registered office.

Any change in contact details of a party for the purposes hereof must be notified to the other party in accordance with the terms set out above.

Notices delivered by hand or by hand shall be deemed to have been given on the date of delivery to the addressee, as evidenced by the delivery receipt. Notices delivered by registered mail with acknowledgment of receipt shall be deemed to have been given on the date of their first presentation to the addressee. Notices delivered by email shall be deemed to have been given on the date the email is sent.

Article 19 - AUTONOMY AND ABSENCE OF WAIVER

If any of the provisions of these General Conditions were declared null or inapplicable for any reason whatsoever pursuant to a law, regulation or following a final court decision, it would be deemed unwritten and the other provisions would remain in force.

The fact that the Seller does not avail itself temporarily or permanently of one or more stipulations of the General Conditions will not in any case constitute a waiver.

Article 20 – AMENDMENT

The Seller reserves the right to modify the content or location of the Site and these General Conditions at any time and without notice.

Any use of the Site or order following a modification made to the General Conditions will imply acceptance by each Customer of said modifications. The most recent and current version of the General Conditions will always be available at the following address: https://green-spa.pro/pages/mentions-legales-cgv

When the modifications made to the General Conditions are considered substantial, these may be brought to the attention of Customers by email and must be accepted by the latter the next time they connect to the Site.

Article 21 - DISPUTES           

Any disputes that may arise in the context of the contractual relations established between the Customer and the Seller must be resolved, as far as possible, amicably.

In the absence of an amicable settlement within one month of the referral to one of the parties, all disputes to which the General Conditions may give rise, concerning their validity, interpretation, execution, termination, their consequences and their follow-ups, will be submitted to the court of LYON.

Article 22 - APPLICABLE LAW & LANGUAGE OF THE CONTRACT

These General Terms and Conditions and the transactions resulting from them are governed by and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text will be authoritative in the event of a dispute.