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The seller/service provider cannot be held responsible, both contractually and extracontractually, in the event of non-performance, temporary or permanent, of his obligations when this non-performance results from a case of force majeure or fortuitous.
If, due to circumstances beyond the control of the seller/service provider, the performance of its obligations cannot be continued or is simply made more expensive or difficult, the seller/provider and the customer undertake to negotiate in good faith and loyally an adjustment of the contractual conditions within a reasonable time with a view to restoring their balance. In the absence of agreement within a reasonable time, each party may invoke the termination of the contractual relationship between them without compensation or compensation of any kind.
The customer acknowledges and accepts that all obligations to which the seller/service provider is a debtor are exclusively of means and that he is only responsible for his fraud and gross negligence.
In the event that the customer demonstrates the existence of gross or fraudulent negligence on the part of the seller/service provider, the damage for which the customer can apply for repair includes only the material damage directly resulting from the fault attributed to the seller/provider to the exclusion of any other damage and may not, in any case, exceed 75% (excluding taxes) of the amount actually paid by the customer in execution of the order.
The customer also acknowledges that the seller/provider is not responsible for any direct or indirect damage caused by the products delivered or the services provided, such as loss of earnings, increased overheads, loss of customers, etc.
The seller/provider is also not responsible in the event of incorrect data communication by the customer, or in the event of an order placed on his behalf by a third party.
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