Store Policy
Conditions Générales des Ventes
1. Preamble
Lionel Chatanay - Jabar - is a micro entrepreneur located at 415 allée du 11 novembre 1918 69300 Caluire-et-Cuire. The seller's business is the sale of Indonesian fabrics (batiks) and fashion accessories made in Indonesia.
The seller notably ensures the marketing of the aforementioned goods through the site www.jabar-lyon.com . The list of goods and services offered for sale online by the Seller can be viewed on the site available at www.jabar-lyon.com .
The Parties agree that their relations will be governed exclusively by this contract, to the exclusion of any condition previously available on the Seller's website.
These conditions are concluded between Lionel Chatanay - Jabar -, hereinafter referred to as "the seller", and any individual wishing to make a purchase, hereinafter referred to as "the buyer", via the website www.jabar-lyon.com .
These general conditions of sale define the contractual relationship between the seller and the buyer and in particular the terms of sale of the products offered on the site w ww.jabar-lyon.com .
The purchase of a product implies acceptance of these conditions by the purchaser. The general conditions of sale express all the obligations of the parties. They are accessible on the website www.jabar-lyon.com and apply to all sales concluded between the seller and the buyer. The validation of the general conditions of sale by checking the boxes provided for this purpose implies full and unreserved acceptance by the buyer of these general conditions of sale. In this regard, they are enforceable against it in accordance with article 1119 of the Civil Code.
The seller reserves the right to modify these general conditions of sale at any time by publishing a new version on the site www.jabar-lyon.com . The general conditions of sale are those in force on the date of validation of the order. The Parties agree that the photos of the Goods for sale on the site www.jabar-lyon.com have no contractual value.
If a sales conditions were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
2. Orders
The buyer has the possibility to place his order online from the online catalog on the site www.jabar-lyon.com and by means of the form which appears there, for all products within the limit of available stocks.
The buyer can add or remove products from his virtual basket and access the summary thereof.
In order for the order to be validated, the buyer must accept by checking the box, in the place indicated, these general conditions of sale, he must also choose the address and the delivery method, and finally confirm the payment method.
The validation of the order for the buyer entails the acceptance of these general conditions of sale and the recognition of having read them and the waiver of his own conditions of purchase. The order is firm, only from the express written acceptance of the seller. The contractual information will be confirmed by email at the latest upon delivery or failing that to the address indicated by the buyer in the order form.
All the data provided and the recorded confirmation will constitute proof of the transaction.
In the event of unavailability of a product ordered, the buyer will be informed by e-mail, the buyer will have the choice between reimbursing the sums paid within 30 days or 1 exchange of product. Placing an order constitutes the conclusion of a distance selling contract between the seller and the buyer.
The buyer can contact the seller at the following coordinates:
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Physical address: Lionel Chatanay - Jabar -
415 alley of November 11, 1918
69300 Caluire-et-Cuire
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Email address: c ontact@jabar-lyon.com
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Phone: 07 56 82 32 38
3. Electronic signature
The online supply of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement, namely:
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Payability of sums due under the purchase order.
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Signature and express acceptance of all transactions carried out.
In the event of fraudulent use of the bank card, the buyer is invited as soon as this use is noticed to contact the seller on 07 56 82 32 38 or by email at jabar.tissus@gmail.com. The buyer guarantees that he has the necessary authorizations to authorize the payment methods offered on the site www.jabar-lyon.com .
4. Pre-contractual information
The buyer acknowledges having communicated, prior to placing this order and concluding the contract, in a readable and understandable manner, these general conditions of sale and all the information listed in article L. 221– 5 of the Consumer Code.
The following information is sent to the buyer in a clear and understandable way:
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The essential characteristics of the good or service.
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The price of the good or service.
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The method of calculating the price and, if applicable, any additional costs of transport, delivery or postage and all other possible costs.
The seller communicated the following information to the buyer:
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Its name, the geographical address of its establishment, if it is different, that of the head office, its telephone number and its e-mail address.
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The terms of payment, delivery and performance of the contract, as well as the terms provided by the seller for handling complaints.
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The existence and terms of exercise of the legal guarantee of conformity provided for in Articles L. 217 – un and following of the Consumer Code, of the guarantee against hidden defects provided for in Articles L. 1641 and following of the Civil Code as well as , where applicable, the commercial guarantee and after-sales service respectively referred to in Articles L.217-15 and L.217-17 of the Consumer Code.
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The contact details of the consumer mediator in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code:
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MEDIATION - LIVE BETTER TOGETHER
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465 avenue de la Liberation 54 000 NANCY
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Contact details for the European online dispute resolution platform
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The seller's email address:
5. Products
The products offered are those which appear on the seller's website www.jabar-lyon.com by Lionel Chatanay within the limits of available stocks. The seller can not be held responsible for out of stock or the possibility of selling a product in stock is non-existent.
The products are described with the greatest possible accuracy on the site www.jabar-lyon.com . Each product is presented on the website www.jabar-lyon.com in the form of a description showing its main technical characteristics (composition, size, color, etc.)
The photographs are as faithful as possible but are not contractual and in no way bind the seller.
6. Price
The prices indicated on the pages of the site www.jabar-lyon.com are prices in euros (€), of which VAT is not applicable by virtue of article 293 B of the general tax code.
The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased, according to the total amount of the order and indicated before the validation of the order.
The seller reserves the right to modify its prices at any time but undertakes to apply the price in force indicated at the time of the order, subject to the possible availability of the product.
7. Payment
All sales are paid in cash at the time of ordering.
The buyer guarantees the seller that he has the necessary authorizations to use the payment method chosen by him during the validation of the order form.
The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not paid a previous order or with whom a payment dispute is in progress.
Before any order, the buyer must create an account on the site www.jabar-lyon.com , the account creation section being accessible directly from the horizontal menu bar.
The seller, Lionel Chatanay - Jabar - offers the buyer to order and pay for his products in several stages with two payment options to choose from:
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Bank card, via a secure connection. Payment by credit card is made via the Stripe online payment platform ( www.stripe.com/fr ).
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PayPal
The buyer selects the products he wishes to order in the basket, if necessary, he can estimate any delivery costs and validate any promotional codes.
The buyer chooses the payment method of his choice, credit card or PayPal.
If the payment is made by credit card, the process is as follows:
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The buyer selects the pay button.
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The buyer checks the details of his order that he can still modify, provides all the delivery details concerning him, and confirms by clicking on "continue".
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The buyer confirms the delivery method by checking the box reserved for this purpose. The shipping costs and are calculated is subject to the buyer. The buyer validates by clicking on "continue".
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The buyer informs his means of payment, he can still at this level choose between payment by credit card or PayPal. If he chooses payment by card, the buyer must enter his valid bank details. If he finally chooses payment via PayPal, the PayPal payment procedure described below is set up. The buyer confirms his billing address, if the latter is different from the delivery address, a form to be completed will be displayed. The buyer validates by clicking on "continue".
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The buyer can check the details of his order and any additional costs. He must accept the General Conditions of Sale and the General Conditions of Use by checking the box reserved for this purpose. The sale cannot be finalized if this box is not checked by the buyer. The buyer is offered to receive advertising emails from www.jabar-lyon.com , this option is not mandatory to validate the sale.
If the payment is made through PayPal, the process is as follows:
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The buyer selects the "Pay with PayPal" button.
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The buyer will be directed to the secure PayPal interface in order to safely fill in his PayPal account or personal credit card references.
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If the information entered on the buyer's PayPal account is correct, the buyer will be redirected to the seller's website www.jabar-lyon.com where he must confirm the delivery method and accept the General Terms and Conditions of Sale and the General Conditions of Use in order to finalize your order.
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Payment will only be finalized on the buyer's PayPal account after acceptance of these conditions.
8. Delivery
9. Right of withdrawal
10. Transfer of risk
The risk of loss or deterioration does not transfer until the buyer takes possession of the property. If the carrier is appointed by the buyer then the seller is discharge of the delivery is discharged of the delivery which is entrusted to an independent carrier.
The buyer has no recourse against the seller. Delivery is deemed to have been made upon delivery of the products ordered by the seller to the carrier.
11. Product warranty
All products supplied by the seller Lionel Chatanay - Jabar-, on the site www.jabar-lyon.com , benefit from the legal guarantee provided for by the Civil Code and the Consumer Code:
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Article 1641 of the Civil Code
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Article 1644 of the Civil Code
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Article 1648 of the Civil Code
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Article L-217-4 of the Consumer Code
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Article L-217-5 of the Consumer Code
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Article L-217-9 of the Consumer Code
Article L-217-9 of the Consumer Code
Lionel Chatanay - Jabar -, 155 Boulevard e la Croix-Rousse, 69004 LYON guarantees the conformity of the goods of the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L.217- 4 and following of the Consumer Code or the warranty against defects in the item sold within the meaning of articles 1641 and following of the Civil Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
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the buyer has a period of 2 years from the delivery of the goods to act;
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the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code;
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the buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 6 months following delivery of the goods.
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Article L-217-12 of the Consumer Code
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Article L-217-16 of the Consumer Code
Legal guarantee of conformity and legal guarantee against hidden defects
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
12. Force majeure
13. Intellectual property
No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photos, logos, visuals, or texts.
14. Personal data
Lionel Chatanay. -Jabar- undertakes to preserve the confidentiality of the information provided by the purchaser, which he would have to transmit for the use of certain services. All information concerning him is subject to the provisions of law number 78–17 of January 6, 1978. As such, the buyer has the right to access, modify and delete information concerning him. He can request it at any time by mail to the following address:
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Lionel Chatanay - Jabar -
415 alley of November 11, 1918
69300 Caluire-et-Cuire
or by e-mail to the following address:
The seller's website www.jabar-lyon.com is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com data storage, databases and general Wix.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Wix.com and used by our company adhere to standards set by PCI-DSS, managed by the PCI Security Standards Council, which is a joint effort of brands such as Visa, MasterCard, American Express and Discover . PCI-DSS requirements help ensure the secure management of credit card information by our platform and its service providers.
15. Partial non-validation
16. Mediation
The buyer can resort to conventional mediation, in particular to the Mediation and Consumer Affairs Commission or to existing sectoral mediation bodies, or to any alternative dispute resolution method in the event of a dispute.
CONSUMER MEDIATION SERVICE: Amicable settlement of disputes between the professional and the consumer in accordance with Articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code.
Before approaching the consumer mediator, the consumer must have already tried to resolve his dispute directly with the professional by means of a written complaint or have made a complaint under the terms of the contract concluded with the professional.
Consumer mediation is an out-of-court settlement of consumer disputes.
If the conditions are met, consumer mediation will take place according to a precise process and according to the texts in force.
The procedure is free for consumers (R612-1 of the Consumer Code).
TO REACH THE CONSUMER MEDIATOR:
Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code. Procedure is free for the consumer
MEDIATION - LIVE BETTER TOGETHER
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465 avenue de la Liberation 54 000 NANCY
IMPORTANT:
Never send the original documents to the consumer mediator. Please make photocopies
Never send defective, disputed items or for reimbursement to the consumer mediator
17. No waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
18. Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
19. Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
20. Applicable law
These general conditions are subject to the application of French law. This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution. Otherwise, the dispute will be brought before the competent courts under the conditions of common law.
APPENDIX 1 withdrawal form
WITHDRAWAL FORM
Please copy, complete and return this form only if you wish to withdraw from the contract.
For the attention of Mr. Lionel Chatanay - Jabar -, 415 allée du 11 novembre 1918, 69300 Caluire-et-Cuire Lyon, contact@jabar-lyon.com :
I / we (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the good (*) / for the provision of services (*) below:
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Ordered on (*) / received on (*): ... ..................................... .................................................. ........
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Name of the buyer (s): ... ....................................... .................................................. ..........
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Address of the buyer (s): ... ....................................... .................................................. .....
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Signature of the buyer (s) (only if this form is notified on paper):
Date:(*) Cross out the unnecessary mention.
Find here the digital version of the form
APPENDIX 2 Article 1641 of the Civil Code
Created by Law 1804-03-06 promulgated on March 16, 1804
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer has not acquired it, or would have given a lower price, if he had known them.
APPENDIX 3 Article 1648 of the Civil Code
Amended by Law n ° 2009-323 of March 25, 2009 - art. 109
The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.
APPENDIX 4 Article L-217-4 of the Consumer Code
Created by Ordinance No. 2016-301 of March 14, 2016 - art.
The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
APPENDIX 5 Article L-217-5 of the Consumer Code
Created by Ordinance No. 2016-301 of March 14, 2016 - art.
The good conforms to the contract:
1 ° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
APPENDIX 6 Article L-217-12 of the Consumer Code
Created by Ordinance No. 2016-301 of March 14, 2016 - art.
Action resulting from lack of conformity lapses two years after delivery of the goods.
APPENDIX 7 Article L-217-16 of the Consumer Code
Created by Ordinance No. 2016-301 of March 14, 2016 - art.
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
APPENDIX 7 Article 1119 of the Civil Code
Amended by Ordinance No. 2016-131 of February 10, 2016 - art. 2
The general conditions invoked by one party have effect with regard to the other only if they have been brought to the attention of the latter and if it has accepted them.
In the event of any discrepancy between the general conditions invoked by either party, the incompatible clauses are ineffective.
In the event of a discrepancy between general conditions and special conditions, the latter prevail over the former.
The products are delivered to the address indicated by the customer exclusively in the following geographical areas:
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Metropolitan France and Corsica
Outside this geographical area, deliveries may be made on an exceptional basis, subject to acceptance by the seller. The customer is solely responsible for a failure to deliver due to a lack of indication when ordering.
Deliveries are made only after confirmation of payment by the seller's banking organization.
The products ordered are delivered by post via Colissimo or letter followed within 20 working days from the day following that on which the buyer placed his order. If this date is not respected, the buyer must order the seller to make delivery within a reasonable additional period. If this new deadline is not respected, the buyer may request the termination of the contract after a prior formal notice. The refund will be made within 14 days of the decision to terminate the contract.
No delivery is made to campsites, hotels, poste restante or post office boxes. The products are delivered to the address indicated by the buyer on the purchase order, the buyer must ensure its accuracy.
Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a calling card in the letterbox, which will allow me to collect the package at the location during the times indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip.
The buyer must indicate on the delivery note is in the form of a handwritten reserve accompanied by his signature any anomaly concerning the delivery (damage, missing products compared to the delivery notes, damaged package, broken product ...).
This verification is considered to have been carried out when the buyer or a person authorized by him to sign the delivery note.
The buyer must therefore confirm his reservations to the carrier by registered mail at the latest within 3 working days of receipt of the item (s) and send a copy of this letter by email or simple letter to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 3 days of delivery. Any complaint made after this deadline cannot be accepted. Product returns can only be accepted for products in their original condition.
The amount of the Delivery Costs depends on the amount of the Order and the delivery method chosen by the Customer. In any case, the amount of the Delivery Costs is indicated to the Customer before the validation of the Order.
The buyer has a right of withdrawal of 14 working days from the date of delivery of this order, to return any item that does not suit him and requests the exchange or refund without penalty, with the exception of costs. return which remain at his expense that he can exercise by sending an email to the email address contact@jabar-lyon.com or by using the withdrawal form on the site www.jabar-lyon.com .
Damaged, soiled or incomplete products are not taken back. The purchaser must return the articles in their complete and new original packaging to the following address:
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Lionel Chatanay - Jabar -
415 alley of November 11, 1918
69300 Caluire-et-Cuire
within 30 days of notification to the seller of the buyer's decision to withdraw.
All circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, are considered grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
Will be considered as force majeure, any compelling facts or circumstances, external or parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all efforts reasonably possible.
Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained for the case law of French courts or tribunals: blocking of means of transport or supply, earthquake, fire, storm, floods, lightning, shutdown of telecommunications networks to difficulties specific to telecommunications networks external to the customer.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
