ARTICLE 9 MISCELLANEOUS PROVISIONS
9.1 Uncontrollable circumstances
The liability of Laboratoires VIVACY may not be incurred in the event of uncontrollable circumstances. In this instance, the Buyer may not claim any compensation whatsoever.
This shall include any event which is unpredictably, unavoidable and outside the control of Laboratoires VIVACY such as a strike in transportation and postal services, inclement weather, natural disasters, wars, riots and any events which fulfil the criteria set forth by case law handed down by the Court of Cassation and legislation. Any Party claiming occurrence of any uncontrollable event should duly notify the other within five (5) working days following occurrence or likely occurrence of said event. The Parties hereby agree that they should meet as soon as practically possible in order to collectively set out the terms and conditions of performance of the order during any case of uncontrollable circumstances.
9.2 Partial invalidity
Annulment of any clauses in the T&Cs, for any reason whatsoever, may not affect these presents in whole; and all other provisions shall retain their force and scope.
9.3 Integrality of the agreement
The present T&Cs and the order overview sent to the Buyer shall together form a contractual whole and constitute the integral nature of contractual relations between the Parties.
In the event of any discrepancy between these documents, the T&Cs shall prevail.
9.4 Intellectual property
The site Access to vivacybeauty.co.uk confers the Buyer a private and non-exclusive use of the Website. The entire Website is governed by national and international legislation on copyright and intellectual property, concerning its format (choices, plan, provision of materials, means of data access, data organisation), and each item of the content (texts, logos, images, etc.). All content, appearing on the Website, is the exclusive property of Laboratoires VIVACY. Any reproduction, representation, distribution or redistribution, in whole or in part, of the content on this Website and on any medium or by any process whatsoever as well as any sale, resale, retransmission or provision to third parties in any manner whatsoever is prohibited, without the prior express consent of Laboratoires VIVACY. Default in respect of this provision shall constitute counterfeit likely to incur the civil and criminal liability of the perpetrator.
9.5 Applicable law and jurisdictional clause
The present T&Cs and the sale of Laboratoires VIVACY Products are subject to the UK law, whatever the country of residence of the Buyer or the place where orders are placed.
Any dispute arising and pertaining to the present T&Cs or sales transactions concluded pursuant to these presents shall fall, even in the event of multiple defendants, within the sole and exclusive remit of the English courts holding jurisdictional competence as governed by the UK Civil Procedure Rules (1998).
The Buyer is hereby notified that it may, in all instance, have redress to conventional mediation notably with the Commission for Consumer Medication or with sector-specific mediation bodies existing or any alternative method of resolution of disputes in the event of any objection.