Terms of Services

Last update date: 23/08/2021

Article 1 - INTRODUCTION & LEGAL NOTICES


You are on the website https://getpolarstar.com/ (hereinafter referred to as the "Site"), published by the company Pixel Production (hereinafter referred to as "Polar Star" or the "Seller" or "the Performer").

By making purchases on the Site, the consumer (hereinafter referred to as the "Customer") acknowledges having read these general conditions of sale (hereinafter referred to as the "GCS") and accept without reservation the terms and conditions.

Pixel Production is a SASU, registered in the R.C.S. of Paris under the number 883 592 545, whose headquarters is located at 10 Rue Greneta, 75003 Paris

The Director of the publication of the Site is Pixel Production.

The Operator can be reached at the following email address hello@getpolarstar.com

Terms of contact:

For any information or complaint, you can contact the company directly at this address: hello@getpolarstar.com



Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS



The general terms and conditions of sale (the "General Terms and Conditions of Sale", or the "GTC") are applicable exclusively to the online sale of products offered by the Operator on the Website. They apply to any order placed remotely by a natural person with legal capacity and acting in a personal capacity as a consumer with Polar Star.

The GCS are placed at the disposal of the customers on the Site where they are directly consultable and can also be communicated to him on simple request by any means.

The GTC are opposable to the customer who recognizes, when he confirms his order, to have had knowledge of them and to have accepted them before placing order. The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force at the day of the order whose conservation and the reproduction are ensured by the Operator.



Article 3 - DESCRIPTION OF PRODUCTS



The Site is an online sales site for educational games and toys for children ("Product(s)"), open to any individual or legal entity using the Site (the "Customer").

The Products presented on the Site are each the subject of a description (established by the supplier or accessible on the manufacturer's site by a link on the Site) mentioning their essential characteristics. The photographs illustrating, if any, the products do not constitute a contractual document.



Article 4 - SALE



4.1 Sale and price of products



The price of the Products presented on the Website is indicated in Euros excluding taxes, excluding delivery costs.

Pixel Production reserves the right to modify the prices of the Products at any time. The Products will be invoiced on the basis of the prices in force at the time of the registration of the order, subject to availability.

The period of validity of the offers and prices is determined by the updating of the website. Pixel Production will not reimburse a possible price difference between the time the order was placed and a possible subsequent price decrease.

In case of an order to a country other than China, the Customer is an importer of the Products concerned. Customs duties or other local taxes or import duties or state taxes may be required. These rights and sums are not the responsibility of Pixel Production but of the Customer, who is solely responsible in terms of declarations and payments to the authorities and/or competent bodies of the country concerned. Pixel Production recommends that you inquire about these aspects with the local authorities concerned.

4.2 Promotions and reference prices


Within the framework of promotions, crossed out prices can be displayed on the Site. These constitute the reference prices.

The reference price of a product or a service offered on the Site can be :

- The "Price recommended by the brand/manufacturer in xx/xxxx": when our supplier advises us a sales/distribution price adapted to the market.

- The "average price observed on a selection of other distributor sites for the same product": the price is set according to the prices of other distributors present on our market. An average is made to determine the selling price.

- The "price freely determined by the seller (Polar Star)" is the reference price given directly by the seller, corresponding to the real selling price excluding periods of sales and promotions (launch, anniversaries, destocking).

Article 5 - ORDERS



The Operator endeavours to guarantee an optimal availability of its Products. The offers of Products are valid within the limit of available stocks.

If in spite of the best efforts of the Operator, a Product would prove to be unavailable after the order of the Customer, the Operator will inform the Customer by email, as soon as possible and the Customer will have the choice between:

the delivery of a Product of a quality and a price equivalent to that initially ordered
reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the sums already paid.
It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not bound to any cancellation indemnity, except if the non-performance of the contract is personally attributable to him.

Except for any mention to the contrary in these General Conditions and without prejudice to the right of withdrawal provided for by the applicable law, the Customer's orders are firm and definitive.

When placing an order, the Customer must select the product(s) chosen, add them to his or her shopping cart by indicating the Products selected and the quantities desired. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.

The Customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges prior to payment of the order. The confirmation of the order entails acceptance of the GTC and forms the contract.

A copy of these Terms and Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of the confirmation of the Order so that the Customer can refer to them.

The contractual information relating to the order (including the order number) will be confirmed by e-mail in due course and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or to file on a reliable and durable support this confirmation of order as proof. A digital invoice is made available to the Customer in the space "my account". The Operator also advises the Customer to print and/or file on a reliable and durable support this invoice as proof.

Any email that will be sent to the Customer within the framework of an order will be sent to the email address that the Customer uses to identify himself in his customer area.

The Operator reserves the right not to validate the order of the Customer for any legitimate reason, in particular in the event that:

The Customer would not respect the General Conditions in force at the time of his order;
The Customer's order history shows that amounts are still due for previous orders;
One of the Customer's previous orders is the subject of a dispute being processed;
The Customer did not answer a request for confirmation of its order that the Operator sent to him.
The Operator archives the contracts of sale of Products in accordance with the applicable legislation. By sending a request to hello@getpolarstar.com the Operator will provide the Customer with a copy of the contract for which the request was made.

Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.

The information communicated by the Customer at the time of the placing of the order (in particular name and address of delivery) engages this one. Thus, the responsibility of the Operator could in no way be sought in the eventuality where an error at the time of the placing of the order would prevent or delay the delivery.

The Customer declares that he has full legal capacity to commit himself under these General Conditions.

Registration is open to adults and minors under the condition that they are under the supervision of a parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of third parties unless they are validly authorized to represent them (e.g. legal entity). Registration is strictly personal to each Customer.

In case of breach by the Customer of one of the provisions of the present, the Operator reserves the right to terminate without notice the account of the aforementioned Customer.

Article 6 - PAYMENT METHODS AND SECURITY



The Customer expressly recognizes that any order made on the Site is an order with obligation of payment, which requires the payment of a price against the supply of the ordered Product.

In any case, the Operator reserves the right to check the validity of the payment, before the dispatch of the order, by all the necessary means.

The Operator uses the online payment solution STRIPE mainly, but also offers to the customers the possibility of using the payment service PAYPAL.

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



Payment by credit card. The payment is carried out directly on the secure bank servers of the bank of the Operator, the banking co-ordinates of the Customer do not pass in transit on the Site. The banking coordinates communicated during the payment are protected by a process of encoding SSL (Secure Socket Layer). In this way, these details are not accessible to third parties.

The Customer's order is registered and validated as soon as the bank accepts the payment.

The Customer's account will be debited with the corresponding amount only when (i) the data of the credit card used has been verified and (ii) the debit has been accepted by the bank that issued the credit card.

The impossibility of debiting the amounts due will result in the immediate nullity of the sale.

In particular, the credit card may be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.



Payment by electronic wallet (Paypal type). The Customer already has an account in the e-wallet used by the Operator. The Customer can use this account and pay his order safely without communicating his bank details. In case of payment by PayPal, the general conditions of use of PayPal apply. They are accessible by clicking here.

The payment is secure: The information is encrypted by the SSL system, to ensure the security of purchases made on the Site and to fight against fraud

Within the framework of the procedures of control, the Operator could have to ask the Customer all the documents necessary to the finalization of its order. These documents will not be used for any other purpose.

Article 7 - PRICE PAYMENT AND INVOICES



The price of the Products in force at the time of the order is indicated in euros before tax (HT) excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of the advertisement made for the promotion.

The price is payable in Euros (€) only. The price is due in full after confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant.

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the validation of the order by the Customer. The total amount due by the Customer and its details are indicated on the order confirmation page.

By placing an order on the Site, you agree that your purchase invoice will be sent to you in electronic format. You will receive it by e-mail when you confirm your order.



Article 8 - FORMATION OF THE CONTRACT



The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.

The attention of the Customer is particularly drawn to the mode of acceptance of the order placed on the Site. When the Customer places an order, he/she must confirm it using the "double-click" technique, i.e., after selecting the Products added to the basket, the Customer must check and possibly correct the contents of his/her basket (identification, quantity of products selected, price, delivery methods and costs) before validating it by clicking on "I validate my delivery", then he/she acknowledges acceptance of these GTCs before clicking on the "I pay" button, and finally, he/she validates his/her order after filling in his/her bank details. The "double click" is an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Customer.

The filing of the communications, the purchase orders and the invoices is ensured by the Operator on a reliable and durable support so as to constitute a faithful and durable copy. These communications, order forms and invoices can be produced as proof of the contract. Except contrary proof, the data recorded by the Operator on Internet or by telephone constitute the proof of the whole of the transactions passed between the Operator and its Customers.

The order can be cancelled by the Customer by registered letter with request for acknowledgement of receipt or by a writing on another durable medium in case of :

delivery of a Product that does not conform to the declared characteristics of the Product ;
delivery beyond the deadline fixed in the order form or, in the absence of such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been enjoined, in the same way and without result, to carry out the delivery within a reasonable additional period;
an increase in price that is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the Customer may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.

The order can be cancelled by the Operator in case of :

refusal of the buyer to take delivery ;
of non-payment of the price (or the balance of the price) at the time of the delivery.

Article 9 - RESERVATION OF OWNERSHIP



The Operator remains the exclusive owner of the Products ordered on the Site until the full price is paid, including any shipping costs.



Article 10 - SHIPMENT AND DELIVERY



The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.

The delivery means the transfer to the Customer of the physical possession or the control of the Product.

The Operator offers a unique delivery method, called Standard Delivery with tracking, which is free of charge and allows the consumer to benefit from a parcel tracking by email.

The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order.

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum of thirty (30) days after receipt of the order.

The delivery times are announced in working days on the Site at the time of the order. These times include the preparation and shipment of the order as well as the time provided by the carrier.

The Operator undertakes to dispatch the Products in accordance with the deadlines announced on each Product sheet and at the level of the basket, provided that the payment of the order has not been refused beforehand.

However, if one or several Products could not be delivered within the initially announced time, the Operator will send an email indicating to the Customer the new delivery date.

The Products will be delivered to the address indicated by the Customer at the time of his order. It is thus up to him to check that this address does not contain any error. The responsibility of the Operator could not be committed if the address communicated by the Customer is erroneous, preventing or delaying the delivery.

Upon delivery, the customer may be asked to sign a receipt.

No delivery will be made to a post office box.

Upon delivery, it is the Customer's responsibility to verify that the Products delivered conform to the order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No claim on the quantity or condition of the Product will be accepted if the claim has not been indicated on the delivery slip.

For reasons of availability and storage, an order can be delivered in several times to the customer. In this case, the customer will only pay for one delivery. The average delivery time announced on the product sheet is 10-14 working days, because it is the average delivery time. These delivery times are in no way a legal obligation.

Complete information is available in the Delivery section of our FAQ page, which is an integral part of these Terms and Conditions of Sale. The delivery times indicated are indicative and non-contractual. In no case a delivery later than expected can justify neither the refusal to take delivery of an order, nor an indemnity, nor damages, unless particular conditions on this subject were envisaged in the contract, or that the deadlines exceed the legal deadlines in force according to the French and European laws.

Article 11 - RIGHT OF RETURN



If a delivered Product does not give complete satisfaction to the Customer, the latter can return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.



In accordance with the article L.221-21 of the Code of consumption and in order to implement this right of retractation under the conditions of the articles L. 221-18 and following of the Code of consumption, the Customer is invited to complete and return the standard form of retractation that we place at his disposal: form of retractation.

The Customer has the possibility to send back this form by mail or by e-mail. Sending this form before the end of the legal deadline is sufficient to preserve your rights. You are requested to wait for the return authorization before sending back the product object of your withdrawal.

The Operator will send an acknowledgement of receipt of the Customer's withdrawal request by e-mail.

If necessary, the Customer can exercise his right of withdrawal by notifying the following information to the Operator:



name, geographical address, telephone number and e-mail address;
decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail as long as these details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form but this is not mandatory.


The return costs are at the expense of the Customer, except if the good cannot normally be returned by post, in which case the Operator will recover the Product at its expense.

The exceptions of the article L.221-28 of the Code of the Consumption apply and prevent the exercise of the right of retraction, in particular if the order consists of a contract :

• the supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal;
• supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
• supply of goods made to the consumer's specifications or clearly personalized;
• the supply of goods that are likely to deteriorate or expire rapidly;
• the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
• the supply of alcoholic beverages whose delivery is delayed beyond thirty (30) days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
• maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
• supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
• concluded at a public auction;
• the provision of accommodation services, other than residential accommodation, transportation of goods, car rental, catering or leisure activities that are to be provided on a specific date or at a specific time;
• the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's prior express agreement and express waiver of his right of withdrawal.

Article 12 - CUSTOMER SERVICE



The Customer can contact the Operator:



by email to hello@getpolarstar.com indicating his name, telephone number, the subject of his request and the number of the order concerned.


Article 13 - INTELLECTUAL PROPERTY AND LICENSE OF USE OF THE SITE



The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, brands, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereafter, the "Elements") which are protected by the French and international laws and regulations relating in particular to the intellectual property.

Consequently, none of the Elements 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, whether free of charge or not, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the express prior written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

Moreover, it is specified that the Operator is not the owner of the contents put on line by the Customers, such as the comments concerning the products, for which the latter remain entirely responsible and guarantee the Company against any recourse in this respect. The Customers grant the Operator a non-exclusive, transferable, sub-licensable, free and worldwide license to use the intellectual property content they publish on the Site, for the entire duration of the protection of this content.

The Operator reserves the right to take legal action against any person who does not comply with the prohibitions contained in this article.

ARTICLE 14 - RESPONSIBILITY AND GUARANTEE



The Operator cannot be held responsible for the non-execution of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable fact of any third party.

The Operator cannot be held responsible for the information imported, stored and/or published on the Site by the Customers. The Operator cannot be held responsible for any information published by a Customer on the Site and for the direct or indirect damage that this use could cause to a third party, the Customer at the origin of the publication remaining solely responsible in this respect.

The Customer recognizes that the characteristics and the constraints of Internet do not allow to guarantee the safety, the availability and the integrity of the transmissions of data on Internet. Thus, the Operator does not guarantee that the Site and its services will function without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or presentation.

The Operator cannot be held responsible for the use that would be made of the Site and its services by the Customers in violation of the present General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for his behavior towards third parties. In the case where the responsibility of the Operator would be sought because of such a behavior of one of its Customers, this last one commits himself guaranteeing the Operator against any condemnation pronounced against him as well as refunding the Operator of the whole of the expenses, in particular the lawyers' fees, engaged for his defense.

The Customer is only responsible for the entirety of the contents which he puts on line on the Site, of which he expressly declares to have the entirety of the rights, and guarantees for this reason the Operator that he does not put on line contents violating third party rights, in particular of intellectual property, or constituting an attack on the people (in particular defamation, insults, insults, etc.), the respect of the private life, the right to privacy, etc. ), to the respect of private life, an infringement of public order and good morals (in particular, apology for crimes against humanity, incitement to racial hatred, child pornography, etc.). In the event of infringement of the laws in force, of good morals or of the present General Conditions, the Operator can exclude by right the Customers who will have been guilty of such infringements and remove information and references to these litigious contents. The Operator is qualified as a host with regard to the content put online by third parties. In this respect, it is reminded that the Operator has no general obligation to monitor the content transmitted or stored via the Site. In the case where the responsibility of the Operator would be sought because of a content put on line by the Customer, this last one commits himself guaranteeing the Operator against any condemnation pronounced against him as well as reimbursing the Operator of the whole of the expenses, in particular the lawyers' fees, engaged for his defense.

Independently of any additional contractual guarantee (commercial guarantee) which could be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code), and the guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.

When you act within the framework of the legal guarantee of conformity:
you have a period of two (2) years from the date of delivery of the goods to act:

• you have a period of two (2) years from the date of delivery of the goods to act:
• you may choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
• you are exempted from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except for second-hand goods).

Reproduction des articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 et L. 217-12 du Code de la consommation, de l'article 1641, 1644 et du premier alinéa de l'article 1648 du Code civil, tels qu’en vigueur à la date des présentes Conditions Générales :

You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the French Consumer Code, articles 1641, 1644 and the first paragraph of article 1648 of the French Civil Code, as in force on the date of these General Conditions:



Article L.217-4 of the Consumer Code:

"The seller delivers a good in conformity with the contract and is responsible for defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility. "

Article L.217-5 of the Consumer Code:

"The good is in conformity with the contract:

1° If it is fit for the purpose usually expected of a similar good and, where appropriate :

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model ;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter. "

Article L.217-7 of the Consumer Code:

"Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller may rebut this presumption if it is not consistent with the nature of the goods or the lack of conformity claimed. "

Article L.217-9 of the Consumer Code:

"In case of lack of conformity, the buyer chooses between repairing or replacing the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L.217-12 of the Consumer Code:

"The action resulting from the lack of conformity is prescribed by two years from the delivery of the good. "

Art. 1641 of the Civil Code:

"The seller is bound by the warranty for latent defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price, if he had known about them. "

Art. 1644 of the Civil Code:

"In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned. "

Art. 1648 paragraph 1 of the Civil Code:

"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. "

ARTICLE 20 – DISPOSITION GÉNÉRALES

• ENTIRE AGREEMENT OF THE PARTIES
  The present General Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their object. If one or several stipulations of the present General Conditions were declared null and void in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope. In addition, the fact that one of the parties to these General Conditions does not take advantage of a breach by the other party of any of the provisions of these General Conditions shall not be interpreted as a waiver on its part to take advantage of such a breach in the future.
  
  
  
  MODIFICATIONS OF THE CONDITIONS
  The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to temporarily or permanently cease operating all or part of the Site.
  
  Moreover, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as the present General Conditions. The Customer is thus required to refer to the present General Conditions before any use of the Site.
  
  The Customer acknowledges that the Operator cannot be held responsible in any way whatsoever towards him or any third party because of these modifications, suspensions or cessations.
  
  The Operator advises the Customer to save and/or print the present General Conditions for a safe and durable conservation, and to be able to invoke them at any time during the execution of the contract if necessary.
  
  
  
  APPLICABLE LAW
  These General Conditions are governed, interpreted and applied in accordance with French law.
  
  
  
  ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
  The Customer acknowledges having carefully read the present General Conditions.
  
  By registering on the Site, the Customer confirms that he/she has read the General Conditions and accepts them, thereby becoming contractually bound by the terms of these General Conditions.
  
  The General Conditions applicable to the Customer are those available at the date of the order, a copy of which dated to this day can be given to the Customer on request. It is therefore specified that any modification of the General Conditions which would be made by the Operator will not apply to any order made previously, except with the express agreement of the Customer at the origin of a given order.