The site milinane.com is the property of the SARL Milinane with a share capital of 25 000 €, whose head office is located at 1400, Chemin des litigants, in Aix-en-Provence – France, registered in the RCS of Aix-en-Provence under Number 827 547 126, VAT No. Intra-Community FR 13 827547126, in its entirety, together with all the related rights.
These general conditions of sale apply to all orders placed with the company Milinane for all articles and services offered on the site milinane.com by natural persons who are not traders. Accordingly, the fact that any person orders a product offered for sale on the Milinane website entails full and complete acceptance of these general conditions of sale, which the Customer acknowledges having read prior to ordering.
Milinane reserves the right to modify at any time these general terms and conditions of sale.
Nonetheless, the General Terms and Conditions of Sale applicable to an order placed by a Customer on the Milinane Website are those accepted by the Customer at the time of placing the order.
1 : INTEGRALITY
The present General Conditions express the entirety of the obligations of the parties. In this sense, the Customer is deemed to accept without reservation the entirety of the provisions set out in these General Terms of Sale.
Milinane undertakes for its part to respect its role as a reseller within the framework of the said conditions.
The purpose of these Terms and Conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by Milinane to the Customer, from order to delivery, including payment and use of services provided by Milinane.
3: FIELD OF APPLICATION
The present General Conditions govern the sale of the products on the day the order is placed by the customer. They apply to all orders placed with SARL MILINANE for all items and services offered on the Milinane.com website unless otherwise agreed in writing.
4: INFORMATION ON THE PRODUCTS
CHARACTERISTICS OF THE PRODUCTS
Information such as characteristics or photographs presented on the Sites or in e-mails sent by Milinane are presented with the greatest possible accuracy. Each Product sheet presents the essential characteristics of the selected product, in accordance with article L.111-1 of the French Consumer Code. This information is intended to inform the Customer as fully as possible about the essential characteristics of the products. The customer is informed, subject to his rights, of the possibility of a difference in the positioning of the prints on the product, this difference not affecting in any way the content and characteristics of the product.
AVAILABILITY OF THE PRODUCTS
Milinane undertakes to honor orders received only within the limits of available stocks of products.
In the absence of availability of the product(s), Milinane undertakes to inform the Customer as soon as possible by telephone or by e-mail. The Customer may then request a refund of the sums paid, or exchange the unavailable product for another product, or cancel the order. No cancellation penalty will be applied for such an order cancellation. No compensation for cancellation (other than full refund of the Order) may also be requested, such unavailability resulting from the delay in updating such unavailability.
The unavailability of a product is mentioned on the page of the product concerned.Thus, the products may appear with the mention of the shipping delay of the type "in stock" or "unavailable" or "available within 2 to 3 weeks".
CAPACITY TO ENTER INTO CONTRACT
Any Customer of the Company declares to have the capacity to contract under the conditions described below, i.e. to be an emancipated minor or to have the legal majority and not to be protected within the meaning of article 488 of the Civil Code. Milinane reserves the right to refuse any order from a customer with whom there is a dispute, in particular a payment dispute.
ACCEPTANCE OF THE CONDITIONS BY THE CUSTOMER
The present Conditions can be read directly on the milinane.com website. On request of the Customer, they can also be sent by e-mail.
The fact that the customer checks the box "I accept the general sales conditions", before proceeding to the secure payment, constitutes an irrevocable acceptance which can only be called into question in the cases in the present general sales conditions under the paragraph "right of retraction". The customer acknowledges by this act to have read and understood the present conditions and accepted it.
PLACING AN ORDER
The individual Customer can place an order with Milinane via the Internet 24 hours a day, 7 days a week.
The ordering process consists of 6 successive steps. Once the selection of products is made, and the basket validated, the customer must :
- Clearly identify the selected products with the options of colors, sizes, ... indicated on the site milinane.com
- Indicate the quantities requested;
- Identify himself either by entering his email address and password which are strictly personal to him, or by mentioning all the information usually requested for an online registration;
- Clearly indicate the information necessary for delivery. This concerns in particular the precise address of delivery as well as the possible restrictions of accessibility of the place of delivery (building, floor, digicode, etc)
Be careful to mention the delivery address and the billing address if they are different.
- Indicate the chosen delivery method
- Finally, indicate the chosen method of payment.
Once the method of payment is selected, the customer must proceed to the payment of his order on the secured interface, which will formalize in a firm and final way the sale contract which binds him to Milinane. This validation is worth the signature and acceptance of all the operations carried out on the milinane.com site.
CONFIRMATION OF ORDER
An e-mail is automatically sent to the customer to confirm the order, provided that the e-mail address indicated in the registration form is correct.
The customer must check the completeness and the conformity of the information that it provides to Milinane. Milinane shall not be liable for any input errors and the consequences thereof in terms of delay or error in delivery. In this context, all costs incurred for the reshipment shall be borne by the customer.
TRACKING THE ORDER
The Customer can at any time consult the status of his order by consulting the heading "My account" on the site milinane.com. This follow-up allows the Customer to know the state of treatment of his order, but also the state of expedition or delivery of his parcels. This delivery tracking is a direct link to the site of the chosen transporter, which is responsible for the delivery of your package.
The Customer may at any time contact Milinane's customer service to be informed of the status of his order.
PROOF THE ORDER
The computerized registers, preserved in the data-processing systems of the company Milinane under reasonable conditions of security, will be regarded as the evidence of the communications, the orders and the payments occurred between the parts.
The filing of the purchase orders and the invoices is carried out on a reliable and durable support being able to be produced as proof.
MILINANE offers its customers a gift wrapping service for products. A fixed fee is charged for the gift wrapping service, the amount is clearly indicated in the basket summary.
6: PRICES AND TERMS OF PAYMENT
The prices of the products are indicated in euros, all taxes included, excluding shipping costs. The prices do not take into account delivery costs, gift wrapping costs, possible promotional offers and personal discounts, indicated before the final validation of the order. For the European Union, the prices take into account the VAT of each country. The customer from the European Union will be charged with the VAT applicable in his country. Any change in the VAT rate will be automatically reflected in the price of the products presented on the site, on the date stipulated by the implementing decree.
The prices of the suppliers of Milinane being in constant evolution, the prices posted on the site are likely to be modified constantly. However, the prices cannot be modified once the Customer's order has been placed.
Orders to countries outside the European Union are not subject to VAT. The prices shown on the site for these orders are exclusive of VAT and therefore do not include VAT. The customer is also responsible for verifying the possibility of importing the ordered products according to the law of the country of delivery. You can contact the Customs Service for more information.
MEANS OF PAYMENT
The payment of the totality of the order must be realized at the time of the order by the purchaser. At no time, the paid sums could be regarded as deposits or installments. All orders are payable in EUROS. To pay his order, the buyer has all the means of payment referred to in the order form: Credit card (Visa, Mastercard, Mastercard Maestro and E-card), Paypal, Alma or by bank transfer.
In case of bank transfer, it must be made within 7 days after the order with the order number for identification. If the payment is not received within 7 days, the order will be canceled.
Milinane implements all the means to ensure the confidentiality and the safety of the banking data transmitted on the milinane.com site. The site uses for this reason a protected module of payment type SSL (Secure Socket Layer). The transaction is carried out via the Caisse d'Epargne bank, which alone has the banking information provided on the site at the time of payment.
SARL MILINANE reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of execution, in the event of non-payment of any sum due by the buyer, or in the event of a payment incident.
As part of an order verification procedure designed to ensure that no one is using another person's bank details without their knowledge, the Customer may be asked to send a copy of an identity document and proof of address to Milinane by e-mail. The order will be validated only after reception and verification by our services of the sent documents.
The order form that the Customer issues online or the order confirmation that Milinane sends to the Customer by email does not serve as an invoice. The Customer has the original invoice in his online account. The invoice is not included in the package.
Milinane keeps an electronic copy of each invoice.
Products are delivered to the address indicated by the Customer on the order form. The Customer must check the completeness and conformity of the information it provides to Milinane. Milinane shall not be liable for any input errors and the consequences in terms of delay or error in delivery. In this context, all costs incurred for the reshipment of the order shall be entirely at the Customer's expense.
Milinane shall not be liable for any delays in delivery due to errors or disruptions attributable to the carriers.
The geographical zone of delivery of the offer of Milinane is the following one:
- France and DOM-TOM: Metropolitan France, Corsica, Guadeloupe, Guyana, Martinique, Monaco, New Caledonia, French Polynesia, Saint Barthélemy, Saint Martin
- Europe: Andorra, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Guernsey, Hungary, Canary Islands, Ireland, Italy, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, UK
- World: Argentina, Australia, Brazil, Canada, China, Israel, Japan, Lebanon, New Zealand, Reunion, Singapore, South Korea, Taiwan, Turkey, Arab Emirates, USA
The Customer may contact Milinane's customer service department for more information on the conditions of delivery to a specific country in the world. Orders to countries outside the European Union are not subject to French VAT. However, they are subject to possible taxes and customs fees in the destination country. These costs and related formalities are the responsibility of the customer / recipient. They are to be paid directly to the carrier at the time of delivery. The customer is also responsible for checking the import possibilities of the ordered products with regard to the law of the country of delivery. We recommend to contact the customs office for further information.
Orders placed online via the milinane.com website are collected every day from Monday to Friday, except for public holidays. Milinane does its utmost to process and dispatch on the same day any order placed before 11am, nevertheless the processing and preparation time of an order can be lengthened according to the articles and last between 1 and 2 working days. Upon receipt of the shipment confirmation email, the Customer can take into account the delivery times of the carriers announced below.
Milinane informs its Customers that these shipping times do not include Saturdays, Sundays and public holidays.
An e-mail is automatically sent to the Customer at the time of shipment of the Products provided that the e-mail address indicated in the registration form does not contain any error.
Transport times depend on the carrier chosen by the Customer and the place of delivery. Milinane informs the Customers of the delivery times on a purely indicative basis, as given by the chosen transporter. Shipping costs are calculated according to the country of delivery at the time of the shopping cart and are definitively confirmed according to the chosen mode of transport and delivery destination, before the final validation of the order.
However, Milinane informs its Customers that the announced delivery times do not include Saturdays, Sundays and public holidays.
MEANS OF DELIVERY IN METROPOLITAN FRANCE
Standard delivery by Colissimo (usually 48h to 72h)
This method of delivery allows the Customer to receive his parcel within 72 hours from the date of shipment thanks to the French Post Office (excluding the processing and preparation time of the order). Deliveries are made from Monday to Saturday morning, except on public holidays. The costs incurred for this option depend on the weight and total volume of the items ordered.
The parcel is taken in charge by the Post Office and delivered against signature to the delivery address indicated by the Customer. In case of absence at the time of delivery, a notice of passage is left at the delivery address indicated by the Customer, which allows the latter to withdraw his parcel in the nearest post office. The packages are kept pending at the Post Office for 15 calendar days. In case of non withdrawal within the time limit set by the carrier, the products will be returned to MILINANE who will reimburse the price of the product(s) of the order.
Delivery by Colissimo in a collection point (usually 5 days)
This method of delivery allows the customer to receive his parcel in the Relais Colis La Poste closest to his home within 3 to 5 days from Monday to Saturday, excluding public holidays. Orders placed from Friday afternoon to Sunday included, will be shipped from Monday afternoon. The customer is notified by e-mail as soon as the parcel arrives at the chosen relay point. The package remains at the customer's disposal for 14 calendar days. If the package is not picked up within this period, it will be returned to MILINANE who will refund the price of the product(s) ordered.
Delivery by Mondial Relay (usually 5 days)
This delivery method allows the customer to receive the package in the Mondial Relay store chosen at the time of the order, within 3 to 5 days.
Orders placed from Friday afternoon to Monday included, will be shipped from Tuesday afternoon. The customer is notified by email and/or SMS, upon arrival of the package in the chosen relay point. The package remains at the customer's disposal for 14 calendar days. If the package is not picked up within this period, it will be returned to MILINANE who will refund the price of the product(s) ordered. To pick up your order at Mondial Relay, a valid ID will be required. Otherwise, the ordered Products will not be delivered. It is the customer's responsibility to indicate the correct delivery address when selecting Mondial Relay. Once the parcel is delivered to the carrier, we will not be able to modify this delivery address.
Fast delivery (24h to 48h)
This delivery method allows the customer to receive his parcel within 24 to 48 hours from the order (excluding weekends and holidays). We work with the following providers: TNT, UPS or DHL. For all orders placed before 11am, your package will be delivered the same day (excluding weekends and public holidays). Deliveries are made from Monday to Saturday morning, except on public holidays. The cost of this option depends on the weight and total volume of the items ordered. The parcel is delivered against signature at the delivery address indicated by the Customer. The Customer must ensure that he/she provides the access conditions of the delivery address (code, building, floor, door...), as well as a telephone number where the Customer can be easily reached.
In case of absence, the deliveryman leaves a notice of passage with the indication of his next passage. The customer can call the carrier's customer service to arrange a new delivery date. After 3 unsuccessful deliveries to the delivery address, the package is automatically returned to Milinane, which will refund the price of the product(s) in the order.
MEANS of delivery outside of France
Delivery to European countries and abroad is made by Colissimo. The costs incurred depend on the destination country, the weight and the total volume of the selected items. The costs and delivery times are indicated to the Customer before the final validation of the order.
Orders to countries outside the European Union are not subject to French VAT. However, they are subject to possible taxes and customs fees of the destination country. These costs and related formalities are the responsibility of the customer / recipient. They are to be paid directly to the carrier at the time of delivery.
In case of force majeure, SARL MILINANE cannot be held responsible for any delays caused. In addition to those usually accepted by the jurisprudence of the French Courts and Tribunals, the following are considered as cases of force majeure: total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer breakdowns, blocking of telecommunications including networks and in particular the Internet) or exceptional events (natural disasters, epidemics, strikes, lock-outs, etc.) delaying or prohibiting the delivery of the goods
The products are packaged in such a way as to comply with current transport standards, and to ensure optimum protection of the products during their delivery. It is asked to the customer to respect these same standards during a return of product that it is during an after sale service, or during a return for convenience. In the event of a product return, if we find that the product is returned to us damaged due to poor packaging, MILINANE may decide to refund only part of the product or refuse to refund it if it cannot be resold in its original condition.
DELIVERY DELAYS LINKED TO THE CARRIER
In the event of a delay in delivery in relation to the deadlines announced by the carriers, the Customer must first contact the carrier to see if the package is not pending. If so, the Customer can contact by phone or e-mail the Milinane Customer Service to open an investigation to search for the package.Once the claim and the opening of the investigation are done, it may take 3 to 4 weeks to have a return from the carrier.If the package is found, it will be immediately rerouted to the delivery address provided. If the package is not found, the customer can then request the return of the same product, at Milinane's expense, or a refund of the amount paid. If the product(s) ordered were no longer available at that time, Milinane will refund the order.
CUSTOMER'S RESPONSIBILITY FOR CHECKING PACKAGES UPON RECEIPT
The Customer must check the condition of the package in front of the carrier and make the necessary reservations on the delivery note in case of partial or total deterioration. If the Customer notes a damage or a partial loss of the transported objects, he has 3 days as from the reception of the goods, to notify to the carrier by registered letter or by legal act, his protest.
According to article L-224-65 If the customer personally receives the delivery of the transported objects, and if the carrier cannot prove that he gave the customer the possibility to check their good condition, according to article L-133-3 of the Commercial Code, the action against the carrier is extended to 10 days.
Milinane asks the consumer to protest to the carrier, under the conditions of article L-224-65 of the Code of consumption (within 3 to 10 days), in order to facilitate Milinane's recourse against the carrier.
8 : RIGHT OF WITHDRAWAL AND RETURN
According to the article L-221-18 of the Code of consumption, the consumer has a legal time of fourteen days, as from the day after the delivery, to express to Milinane his intention to retract. He has a legal period of 14 days as from the communication of his decision to withdraw to send back the goods (article L.221-23 of the Code of consumption)
The refund will be made by the same means of payment as the one used by the Customer for the initial transaction, unless the Customer specifically requests a credit. The refund will be made as soon as possible and at the latest within 14 days from the date on which he is informed of the decision of the consumer to withdraw. This period may however be extended by Milinane until the Customer has received the goods returned to the address indicated on the return form.
In accordance with article L.221-23 of the French Consumer Code, the right is exercised by returning the Article, only the shipping costs remain payable by the Customer.
Customers may benefit from a prepaid return voucher in accordance with article 15 hereof, and (2) in case of non-conformity of the delivered Items with the Order (in this case, the return costs shall be borne by Milinane).
How to exercise the right of withdrawal
To do this, the Customer can choose one of the following methods: The request for return can be made :
- Either by logging onto the Milinane website, in the "Manage my orders" section of My Account: simply check the product and quantities to be returned, fill in the reason for the return and validate by clicking on "Validate your return request". A link will be available for the customer to download the prepaid label. - Or by contacting the customer service, by the contact form, by e-mail which will indicate to the customer the methods to be followed, it will be able in particular to use the form of retractation appearing below Model of form of retractation (Please supplement and return the form as well as your number of order only if you wish to retract the contract.
We advise you to also specify your order number) To the attention of the customer service Milinane - 1400 chemin des Plaideurs, 13090, Aix-en-Provence, France
E-mail : email@example.com
I hereby notify you of my withdrawal from the contract for the sale of the following goods: Ordered on [.....................................] (*) received on [.........................................] (*) Order number: [.................................................................] Name of consumer(s): [........................................................................] Consumer(s) Address: [.............................................................................. .............................................................................................................................................] Signature of consumer(s) (only in case of notification of this form on paper) Date: [..........................................]
Milinane suggests that the customer return the goods, by registered mail or by taking out additional insurance, guaranteeing, if necessary, compensation for the products up to their real market value in the event of spoliation or loss of the goods. In all cases, the return is at the Customer's risk. It is up to the customer to keep all proof of return. The return costs are at the charge of the customer, who is free to choose the shipping method.
Return address :
1400 chemin des Plaideurs
13090 Aix-en-Provence France
In the event of failure to respect the time limits referred to, Milinane will not be able to reimburse the Customer. Only Items returned in their original packaging in perfect condition for resale, with label, will be accepted. Consequently, returns of washed and/or worn clothing or accessories, as well as damaged boxes will be refused.
The retraction can never be exercised if the delivered Articles are Articles which were, even partially, washed, soiled, damaged or used. In the same way, these Articles returned incomplete, damaged or dirtied by the Customer will be neither taken back nor exchanged. The Articles must be accompanied by the number of the order.
The refund in the event of use of the right of retractation will be carried out by the same means of payment as that used by the Customer for the initial transaction.
9 : GUARANTEES, CLAIMS, MEDIATION
Legal guarantee of conformity
According to the article 217-8 of the Code of the Consumption, the legal guarantee of conformity is of two years. In the event of lack of conformity, the consumer has the right to have the good repaired or replaced or, failing that, to have the price reduced or the contract rescinded under the conditions stated. Milinane delivers a good that conforms to the contract and to the criteria set forth in article L. 217-5. It is responsible for the defects of conformity existing at the time of the delivery of the good within the meaning of article L.216-1, which appear within two years as from this one. Article L.217-4. The good is in conformity with the contract if it answers in particular, if necessary, the following criteria: It corresponds to the description, the type, the quantity and the quality, in particular as regards the functionality, the compatibility, the interoperability, or any other characteristic envisaged with the contract; It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter; It is delivered with all the accessories and installation instructions, to be provided in accordance with the contract;
It is updated in accordance with the contract.
Article L.217-5. In addition to the criteria of conformity to the contract, the good is conform if it meets the following criteria: it is fit for the purpose normally expected of goods of the same type, taking into account, where appropriate, any provisions of European Union and national law and any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
Where applicable, it possesses the qualities which the seller has presented to the consumer in the form of a sample or model, prior to the conclusion of the contract;
Where applicable, the digital elements it contains are provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
If applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect;
Where applicable, it is supplied with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19 ;
It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on the label.
However, the seller shall not be bound by any public statements referred to in the preceding paragraph if he demonstrates: that he did not know them and was not legitimately in a position to know them ;
That at the time the contract was entered into, the public statements had been corrected in a manner comparable to the original statements;
That the public statements could not have influenced the decision to purchase. The consumer may not contest the conformity by invoking a defect concerning one or more particular characteristics of the good, which he was specifically informed deviated from the criteria of conformity set out in this article, deviation to which he expressly and separately consented at the conclusion of the contract.
Article L217-7. Defects of conformity that appear within twenty-four months of delivery of the goods, including goods with digital elements, are, unless proven otherwise, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect claimed.
Article L.217-11. The goods shall be brought into conformity at no cost to the consumer. The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement.
Complaint / Mediation
Any complaint must be made in advance by e-mail to the Customer Service.
Contact address : firstname.lastname@example.org
Telephone: 04 84 49 26 11
If necessary, the refund will be made within 14 days upon receipt of the Article by Milinane depending on the method of payment chosen at the time of the order, either on the credit card used for payment, or on the Customer's PayPal account, or by bank transfer.
These provisions are not exclusive of the above-mentioned right of withdrawal.
In accordance with articles L.616-1 and R.616-1 of the French Consumer Code, we propose a consumer mediation system. The mediation entity retained is: CNPM - MEDIATION DE LA CONSOMMATION. In case of dispute, you can file your claim on its website: https://cnpm-mediation-consommation.eu or by mail by writing to CNPM - MEDIATION - CONSOMMATION - 27 avenue de la libération - 42400 Saint-Chamond
The products offered are in conformity with the French legislation in force and the standards applicable in France. The responsibility of Milinane could not be committed in the event of nonrespect of the legislation of the country where the product is delivered. It is up to the customer to check with the local authorities the possibilities of importation or use of the products you plan to order.
11 : Intellectual property
All the texts, comments, works, illustrations and images reproduced on the milinane.com site are protected by the royalty, trademarks or patents. They are the exclusive property of SARL MILINANE.
As such, any total or partial reproduction of the elements composing the milinane.com site on any medium whatsoever is strictly forbidden without prior agreement.
Any person having an Internet site wishing to place on its site a simple link referring directly to the site milinane.com must ask for the authorization to the SARL MILINANE, however a simple authorization would not know how to constitute an implicit agreement of affiliation and to be allotted on a purely final basis. This is why, upon simple request from SARL MILINANE, this link must be removed.
12 Personal, nominative or private information
The collection of personal information for the purposes of distance selling is mandatory, as this information is essential for the processing and delivery of orders. The company SARL MILINANE respects the law "informatique et libertés" of January 6, 1978 in relation to the processing of personal data, modified in 2004. This law stipulates that the company that collects personal data must have the consent of the person concerned, that the data must be accurate and that it must be collected for a clear and legal purpose. In accordance with the law, the processing of personal information relating to the customer has been declared to the CNIL. CNIL declaration n° 2069817 v 0 The customer has the right to access, modify, rectify and delete data concerning him/her, which he/she can exercise with the company SARL MILINANE.
The company SARL MILINANE undertakes never to communicate the details of its customers to a third party, with the exception of companies carrying out transport and delivery operations for the products ordered by the customer.
13 Completeness of the Conditions
A change in legislation, regulations or a court decision rendering one or more clauses of these general terms and conditions of sale null and void shall not affect the validity of these general terms and conditions of sale and shall not allow the customer to disregard these general terms and conditions of sale. If a condition was not explicitly mentioned, it would be considered as governed by the customs in force in the sector of the remote sale whose companies have seat in France.
14 Applicable law:
The General Conditions are governed by French law. In case of dispute, the Customer undertakes to find an amicable solution before any action before the courts. In case of failure of any amicable solution, any action may be taken only before the French courts. The competent court will be that of the defendant's place of residence or, at the plaintiff's option, the place of actual delivery of the Product.