Terms of use

1. Purpose and Acceptance of General Terms and Conditions

The present Terms and Conditions of Sale apply to, without restriction or reserve, to all of the Sales of Products offered by LABORATOIRES DE BIARRITZ France (hereafter "LABORATOIRES DE BIARRITZ") and solely carried out on the website www.laboratoire-biarritz.com (hereafter the "SITE") to customers (hereafter "CUSTOMER").

Accordingly, the act of ordering a product for sale on the website www.laboratoires-biarritz.com by the Customer is equivalent to full acceptance and agreement with the present Terms and Conditions of Sale, of which the Customer recognizes having accepted before placing his/her/the order.

The current site is the property of, and edited by Laboratoires de Biarritz FRANCE, with a capital of €200,000, represented by Bruno Collet, registered the Bayonne RCS under number 848 093 167, and with head office located at 44, Rue Luis Mariano, in Biarritz, France.

Email: Contact Form
TVA NUMBER: FR68 848 093 167
Publication Director: Laboratoires de Biarritz France, as represented by Mme Djama in his capacity of Digital Manager.

The Site is hosted on OVH, via the intermediary of the company Retrofutur, whose head office is located at 7 rue Duffour Dubergier, Bordeaux 33000.

The present Terms and Conditions of Sale only apply to the sale of Products on the Site and come into effect from November 26, 2018. They cancel and replace all previous versions.

LABORATOIRES DE BIARRITZ reserves the right to modify the present Terms and Conditions of Sale at any moment, without notice, it being understood that such modifications with not be applicable to reservations and orders previously accepted and confirmed by the Customer.

The Terms and Conditions of Sale are opposable to the customer who recognizes, by clicking a box provided for this purpose, having read and accepted them before ordering.

The act of confirming an order through confirmation accounts for adhering by the Customer to the General Terms and Conditions of Sale in effect on the day of the order, to be conserved and reproduced by LABORATOIRES DE BIARRITZ professional in accordance with the article 1369-4 of French Civil Code.

The present Terms and Conditions of Sale complete the Terms and Conditions of Use of the Site available at all times under the heading "Legal Notice" of the Site and applicable to the Customer.

2. PRODUCTS

The LABORATOIRES DE BIARRITZ Products presented on the Site are reserved for customers residing in France and Internationally for shipping to these geographic areas.

The Products presented for sale on the present website at the address: www.laboratoires-biarritw.com are the commercial offer of the Site of LABORATOIRES DE BIARRITZ, who reserves the right to modify at any time its collection and to change the list of Product ranges.

The photos of the Products presented on our site are not contractual. However, LABORATOIRES DE BIARRITZ ensures that the photos and drawings accurately depict the product for sale and are not ambiguous, notably concerning the size, weight and quality.

The lists of ingredients that compose the Products of the brand LABORATOIRES DE BIARRITZ are regularly updated. Before using a Product of the brand LABORATOIRES DE BIARRITZ, please read the list of ingredients on the package to ensure that the ingredients are suited to your personal use.

The Products are in conformity with legislation in force relative to personal safety and health, to the trustworthiness of commercial transactions and the protection of consumers when placed on the market.

In the event of the unavailability of Products after placing an order, the Customer will be notified at the earliest possible time. LABORATOIRES DE BIARRITZ will then deliver the order without the product affected by the unavailability. Furthermore, the sum paid by the Customer for said product will be refunded by LABORATOIRES DE BIARRITZ within 14 after this incomplete delivery. If the sum of the original order of the Customer proffered a premium (free shipping, gifts,...) the refund of the unavailable Products will not cause the cancellation of said premium.

Some Products are only sold on the Site.

To contact Customer Service, click HERE, "Customer Service".

3. Price

The prices shown on this Site are in Euros, with all taxes included, and may change over the course of the year, it being understood that the Products ordered are charged the prices in effect at the time of the order is recorded.

They do not include shipping, which is charged in addition to the price of the Products purchased in the order. Shipping fees will be displayed before confirmation of the order by the Customer.

The prices include the value-added tax (VAT) applicable on the day of the order and any change of the applicable rate will be automatically reflected in the price of the Products sold by LABORATOIRE DE BIARRITZ on its Site.

Special offers including promotional offers are valid as long as they are advertised on the Site and within the limits of available stocks. Information on the availability of the Products is provided at the time of placing the order, where appropriate.

Current Special Offers:

* Free delivery above 49 € TTC in Metropolitan France.

* Free Shipping: shipping within Metropolitan France is free with the code "BIENVENUE", which must be entered in the shopping cart for your first order. Free Shipping is only available with without at home delivery / La Poste and pickup station ( without samples ) 

* samples: for ecological and economic reasons, we produce very few samples. We have samples for: Tinted face sunscreen SPF50 GOLDEN, BEIGE and IVORY. The number of samples is limited to 1 sample per product and per person, per postal address and per e-mail address. Samples can be ordered directly from the website. The price of delivery is € 2.50 only with La Poste Without Signature. Samples are sent only for France

4. Ordering

LABORATOIRES DE BIARRITZ proposes ordering by the method of your choice, to best satisfy you.

ON THE WEBSITE:

The Customer may consult the details of his/her order in preparation and correct any errors. 
When making a purchase, the Customer is limited to a maximum of 6 articles per reference.
From the time that the Customer confirms his/her order by clicking on the icon ["Pay - Order with obligation of payment"] he/she is considered to have accepted and agreed with the conditions of the order and in particular those present in the Terms and Conditions of Sale, the prices, volumes, characteristics, quantities and shipping time of Products for sale and the object of his/her order.
Sales are final from the moment that the Customer has confirmed the order, with prejudicing the right of withdrawal of the Customer (the terms of which are described below). The order will be confirmed by LABORATOIRES DE BIARRITZ by the sending of an email to the Customer, summarizing all of the information previously given by LABORATOIRES DE BIARRITZ, and includes the form for withdrawals. 
A second email will be sent to the Customer when the order has been shipped.
LABORATOIRES DE BIARRITZ recommends that the Customer keep both of these emails. Also, in the event of an error in the entry of the specified email address, or of non-receipt of the order confirmation email, LABORATOIRES DE BIARRITZ may not be held responsible.

As soon as the email informing the Customer that his/her order has been sent LABORATOIRES DE BIARRITZ will be entitled to collect the whole price of the order for payments made by the other methods of payment accepted on their website.

Once payment has been made, we cannot make any modification to the order:no addition of product, modification

5 Delivery

Delivery Address.

The Products will be delivered to the address indicated by the CUSTOMER on the order in the "Delivery Address" field, by the means chosen below.
The participation in shipping fees includes taxes.

Delivery time for Products:

The maximum time for delivery is 30 work days from the confirmation of the order.
For information purposes, and without binding LABORATOIRES DE BIARRITZ to the indicated times, the average delivery process from the moment of confirmation of sending in Metropolitan France  is estimated at:

These delivery times are estimated for orders placed before 12 PM, for an article in stock, and with the condition of having paid by credit card.

Every order placed after 12 PM NOON will be sent the following work day. For orders placed on Fridays after 12 PM, the order will be sent the following Monday. Delivery may also take place on Saturday morning.
For shipping to Corsica, please add one day to the times listed in the table above.

International Shipping :
(we can't deliver in Russia and Israël )

The list of countries per zone is consultable here

Product Delivery Methods:

COLISSIMO La Poste: Delivery WITH/WITHOUT SIGNATURE and pick-up points in Metropolitan France

Participation for shipping fees is €5,9 WITHOUT signature on reception, €6.90 WITH signature on reception and €4,9 at pick-up points. This price applies to delivery in Metropolitan France. 
The shipping fees at pick-up points and WITHOUT SIGNATURE on reception are free for any order equal to or above €49 with taxes.
The recipient may track the package with the package number received by email, or, otherwise, via our Customer Service. 
When home delivery is chosen, the package is placed directly in the mailbox at the delivery address. 
If the mailbox is too small, the package will be either given directly to the recipient of the order, or otherwise and at the initiative of postal services to anyone present at the address who accepts the delivery (neighbor, watchperson, or concierge): the contact info of said person will be put on a notice which will be placed in the mailbox at the indicated address.
In the case that the address given by the CUSTOMER is incorrect, it is up to the CUSTOMER to call DHL courier service or LA POSTE and provide the correct address. If the CUSTOMER realizes once the package has been returned, the CUSTOMER will have to pay the shipping fees once again or may be refunded (except for shipping).

La Poste Customer Service: 3631 (toll free in France)
DHL Customer Service: 0809 400 213 (toll free in France) 
"Please keep on hand the tracking number from your account on the Laboratoires de Biarritz website"

When delivery is chosen at a pick-up point, the Client receives an email on behalf of SoColissimo. The package will be delivered to the pick-up point if provided a signature and on presentation of an identity card. The Customer has 14 calendar days to collect it.

If the package was not able to be delivered according to the methods described above, a Notice of Pending Delivery will be left by postal services in the recipient's mailbox, with the address of the Post Office that the recipient can get the package within 14 calendar days.
If the recipient does not pick up the package in the time-frame indicated by postal services, it will be returned to our warehouse and return shipping will be at the cost of the Client. The Products ordered will be refunded (except for shipping) or re-sent. 
In the event of a dispute relating to the delivery itself, the computer system (flashing) or the Online Parcels Tracking of La Poste will be valid unless proven otherwise by the Client.

DHL: Express Delivery to France and Internationally, Eco Europe

Participation in shipping fees is €10 for Express delivery with DHL. This price applies to a delivery in Metropolitan France. For other countries, the shipping costs are available in the table above.

The recipient of DHL delivery can track packages with the tracking number received by e-mail or, failing that, through the Customer Service. DHL delivery is upon recipient signature. An ID or the order confirmation email may be requested. If unavailable at the time of delivery, DHL informs the recipient by SMS or calls directly to schedule another delivery.
If the recipient does not reply, the package will be sent back to our warehouse and the return shipping will be at the cost of the Client. The Products ordered will be either refunded or sent again.

Any order confirmed and forwarded to DHL cannot be canceled. After reception by the recipient, the package may be sent back to the warehouse (withdrawal form here), the return shipping fees will be the client's responsibility. As soon as the package is received at our warehouse, the order is cancelled and the client will be refunded the products within 14 workdays. The maximum refund for initial shipping fees will be that of standard delivery.

Please note that when goods are sent to a country outside the EU (e.g. Switzerland), the recipient may have to pay all customs duties, taxes and other import fees in connection with customs clearance. DHL will notify the recipient by email or text message including the link to the secure payment site. Please note that the goods will only be released once the duties and taxes have been refunded to the DHL carrier.

Translated with www.DeepL.com/Translator (free version)

Pick-Up at LABORATOIRES DE BIARRITZ

The package is delivered to LABORATOIRES DE BIARRITZ, as chosen by the Client on the list of proposed delivery methods.

Shipping fees do not apply to delivery at LABORATOIRES DE BIARRITZ.

The Client will receive an email confirmation when the package is ready and available at LABORATOIRES DE BIARRITZ. The package will remain available for 14 calendar days. To pick it up, the Client must show valid ID.

After 14 days, the package will rejoin our stocks and the Client will be refunded the totality of the order.

Delay in Delivery

In case the maximum time-frame for delivery of thirty (30) days is exceeded, the CUSTOMER can use the right to denounce the order with Customer Service here.

After using the right to denounce, LABORATOIRES DE BIARRITZ will refund the totality of the payments made by the CUSTOMER (shipping fees included), according to the method of payment used within a maximum of fourteen (14) day period after receiving the denouncing, and this excludes any other compensation. As such, the attention of the CUSTOMER is drawn to the fact that the credit card used for payment must still be valid to allow a refund within the aforementioned period.

Any delay in delivery must be brought to the attention of LABORATOIRES DE BIARRITZ as soon as possible by the CUSTOMER by clicking here, so that LABORATOIRES DE BIARRITZ can investigate the matter with the Delivery Service. The CUSTOMER is informed that the length of the investigation is random and can be relatively long, taking place out LABORATOIRES DE BIARRITZ direct control. If during the investigation the order is found, it will immediately be sent to the  delivery address designated during the order. If the investigation confirms the loss of the order, LABORATOIRES DE BIARRITZ will, at its expense, resend the Product(s) to the CUSTOMER, or in the event of permanent unavailability, refund the CUSTOMER the full amount of the order to the bank account used.

Reception of Products

Each delivery is deemed effective as soon as the Product(s) are made available to the CUSTOMER by the Delivery Service. It is the responsibility of the CUSTOMER to immediately check the conformity and integrity of sent Product(s) on reception of said Product(s). Any anomaly / reserve identified on delivery (including late delivery, missing or damaged products) must be fully and accurately reported by the CUSTOMER on the receipt issued by the Delivery Service at the time of the provision of Products and / or confirmed by registered letter to the Delivery Service within three (3) days of receipt of the order. Any reserve of this type must be notified in parallel and as soon as possible to LABORATOIRES DE BIARRITZ Customer Service here. A copy of the claim made to the Delivery Service must be attached.

For delivery outside the European Union, the Customer must pay customs duties or other taxes due when the Products are imported into the country of delivery. The formalities relating thereto are also the exclusive responsibility of the Client, unless otherwise indicated.

The Customer is solely responsible for verifying the possibilities of importing the Products ordered under the law of the territory of the country of delivery.

6 Payment

Payment on the SITE must be made by a payment card on:

- Payplug: VISA and MASTERCARD type credit and debit cards, European and international. This includes Electron (Visa) and Maestro (Mastercard) cards. Payplug also accepts all French cards of the CB network, even if they are not linked to VIsa and MasterCard. Networks such as American Express, Union Pay or Bancontact are NOT accepted.

- Paypal: if you already have an account or without opening an account.

Verification of Transactions:
In the event of purchase of one or more PRODUCTS on the SITE via a payment card, in the zones provided for this purpose the CUSTOMER specifies directly : the card number, its date of validity as well as its security code located on the back of the card. The total amount of the order will be charged to the bank card on the day of the order.

In the event that LABORATOIRES DE BIARRITZ accepts to make a refund, it will be made using the same method of payment as the one used by the CUSTOMER for the initial payment of the order, within a period of 30 days.

LABORATOIRES DE BIARRITZ reserves the right to suspend any order or delivery in the event of refusal of payment or non-transfer of funds by bank cards from officially accredited and usual organisms from the Internet.

LABORATOIRES DE BIARRITZ reserves the right to refuse to accept the order coming from a CUSTOMER who did not pay in part or in full a precedent order or with whom a payment dispute is in course.

LABORATOIRES DE BIARRITZ can not be held responsible for any malfeasance or fraudulent use of any payment method that was not detected during the payment verification procedure. The CUSTOMER guarantees LABORATOIRES DE BIARRITZ that he/she has the authorizations necessary for the use of the payment method chosen for the order.

Any fraudulent use of a bank card can not be refunded by LABORATOIRES DE BIARRITZ.

Security

Payments on the SITE are made with a bank card via a secure payment system. The SITE secures your confidential information with an ESET SSL certificate. The information exchanged is encrypted with SSL (Secure Socket Layer) before being transmitted. Since this information is encrypted, no one can use it without your knowledge.
To increase the security of your banking information, LABORATOIRES DE BIARRITZ does not keep it. Therefore, you will have to enter it for each new order.

LABORATOIRES DE BIARRITZ retains ownership of the Products delivered until full payment of the price.

7 Legal Guarantees

a) Description of Legal Guarantees

In accordance with Articles L. 217-4 et seq. of the Consumer Code, LABORATOIRES DE BIARRITZ is required to deliver a Product conforming with the order made by the Customer and is liable for any lack of conformity existing when the order is delivered.

As such, to be in conformity with the contract, the Product must:

1) Be fit for the usual expected use of a similar Product and, if applicable:

- correspond with the description given by LABORATOIRES DE BIARRITZ and possess the qualities that were presented to the Customer in the form of a sample or a model;

- present the qualities that a Customer may legitimately expect given the public statements made by LABORATOIRES DE BIARRITZ, as the manufacturer or via a representative, particularly in advertising or labeling;

2) Or have the characteristics defined by mutual agreement by the Parties or be suitable for any special use sought by the Customer, brought to the attention of LABORATOIRES DE BIARRITZ and that the latter has accepted.

Similarly, in accordance with article 1641 of the Civil Code,  LABORATOIRES DE BIARRITZ is bound to guarantee the absence of hidden defects of the object sold which may render it unsuitable for the use for which it is intended, or which diminish this use so much that the Customer would not have otherwise acquired it, or would have given a lower price, if he/she had known of it.

b) Procedure to follow:

If the delivered Products are not in conformity with the Products ordered by the Customer or if they present hidden defects, the Customer must send an email to LABORATOIRES DE BIARRITZ Customer Service here to notify them of the non-compliance or hidden defects in its Product (s).

LABORATOIRES DE BIARRITZ Customer Service acknowledges receiving the Purchaser's request and confirms the procedure to be followed. Upon receipt of instructions from LABORATOIRES DE BIARRITZ Customer Service, the Customer returns the non-compliant or defective Products to the LABORATOIRES DE BIARRITZ at the following address:

Les LABORATOIRES DE BIARRITZ
Service Client
44, rue Luis Mariano
64200 BIARRITZ

The Product (s) must be imperatively (i) returned complete, unused, in its intact original packaging and (ii) as far as possible accompanied by their original packaging as well as the return receipt and a photocopy of the invoice.

In addition, LABORATOIRES DE BIARRITZ does not accept parcels sent freight collect. Any risk related to the return of the Product (s) is the responsibility of the Customer.

Upon receipt of the Product (s) presumed to be non-compliant or affected by a hidden defect, LABORATOIRES DE BIARRITZ carries out an examination of the Product (s) to ascertain the (non-)conformity of said Products. Similarly, LABORATOIRES DE BIARRITZ may carry out quality testing on the returned Product(s) by the Customer to verify that the said Product (s) are genuine. It is understood that these checks are carried out as soon as possible and within a maximum period of one (1) month.

c) Content Of Legal Warranties 


If the non-conformity of the Product (s) is confirmed or the hidden defect is proven:

The Customer may choose between repair and replacement of the Product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code. Note that the Customer has a period of two (2) years from the issue of the Product to act and (ii) is exempted from providing proof of the existence of the Product's lack of conformity during the twenty- four (24) months following the delivery of the Product.

As part of the implementation of the guarantee against hidden defects of the object acquired by the CUSTOMER within the meaning of Article 1641 of the Civil Code, he/she may choose between the resolution of the sale or a reduction in the sale's price in accordance with article 1644 of the Civil Code.

LABORATOIRES DE BIARRITZ reminds its CUSTOMERS that Products must be kept away from moisture, high temperatures or direct sunlight and may be subject to an expiry date. Products that have not been stored under the aforementioned conditions will be excluded from the warranty.

8 Retraction

Upon receipt of the Products, the consumer has a retraction period of 14 days to return the Products delivered.

LABORATOIRES DE BIARRITZ will make exchanges in the event of error in the preparation of the order or defective Product(s).

If one of the two cases above occurs (error in the preparation of the order or defective Product(s)) you may request an exchange in the following manner:

1) Send an email to the contact address using this contact form within 14 days after receiving your order, specifying the number of your order, the product you want to return, the one you want in exchange and the cause of the exchange (error in preparation or defective products).

2) We will answer you as soon as possible by sending you a return slip to stick on your package via an email. Then just take it to your post office or drop it in your mailbox. The product is returned under our responsibility, we will refund the cost of return shipping.

3) We receive your package for exchange, then we send you the corresponding Product(s) as quickly as possible.

Please do not return any products without prior agreement by email. Any return without prior agreement will be refused upon receipt.

Customer Service and Claims Processing

For any question or complaint relating to the execution of the contract, the Customer may contact the Customer Service as follows:
 • By email
• By telephone: +33 (0) 5 47 75 81 06 (price of a local call) from Monday to Friday from 9:00 AM to 12:30 PM and 2 PM to 5:00 PM
• By mail: LABORATOIRES DE BIARRITZ - 44, rue Luis Mariano - 64200 Biarritz - France

9 Responsibility

LABORATOIRES DE BIARRITZ is committed to upholding the obligations resulting from the contract. However, LABORATOIRES DE BIARRITZ can exonerate itself from all or part of its responsibility by proving that the non-performance or the bad execution of the contract is attributable either to the CUSTOMER, or to the unpredictable and insurmountable action of a third party to the contract, or in the event a force majeure (ex: strikes, accidents, riot, fire, etc. constituting unforeseeable and irresistible events).
LABORATOIRES DE BIARRITZ can not be held liable for any inconvenience or damage resulting from the use of the Internet such as viruses, intrusion, loss of data, or disruption of the Internet service.

10 Computing & Freedom

The information collected by LABORATOIRES DE BIARRITZ during any order from the CUSTOMER is necessary for order processing by LABORATOIRES DE BIARRITZ. LABORATOIRES DE BIARRITZ is committed to protecting the confidentiality of personal data transmitted by the CUSTOMER.

In accordance with the Data Protection Act of 6 January 1978 as amended and the General Data Protection Regulation 2016/679 dated 27 April 2016 (RGPD), the CUSTOMER has the right to access, rectify, oppose and delete data if providing legitimate grounds, download personal data as of May 25, 2018, and a right to a "digital death". To exercise these rights, the CUSTOMER must simply submit a written request via the contact form under "Personal Data / RGPD", along with proof of identity. 

LABORATOIRES DE BIARRITZ may send promotional offers by post or email, and in particular an online newsletter, subject to the CUSTOMER's prior agreement during the registration procedure.

To find out more about our policy regarding the protection of personal data, we invite you to consult our Privacy Policy.

11 Intellectual Property

The Laboratoires de Biarritz website is the result of intellectual work protected by Intellectual Property Law. The Laboratoires de Biarritz website and all of its contents (such as brands, logos, slogans, videos...) are the exclusive property of LABORATOIRES DE BIARRITZ, the only entity authorized to use its intellectual property rights and related personality rights.

No right of use can be attributed to any of the intellectual property appearing on the Site. LABORATOIRES DE BIARRITZ reserves the right to pursue any infringement of its intellectual property rights.

The reproduction of any document published on the SITE is authorized exclusively for strictly personal and private use for information purposes. Any imitation and/or full or partial representation, use, adaptation or modification of the Site or any of its contents for other purposes and in particular commercial reuse is expressly prohibited, via any medium whatsoever, and in any form whatsoever.

Any reproduction and / or representation of Laboratoires de Biarritz website must be expressly authorized by LABORATOIRES DE BIARRITZ. Any unauthorized use constitutes an infringement punishable by law.

The creation of hypertext links to the SITE may only be carried out with the prior written consent of LABORATOIRES DE BIARRITZ. LABORATOIRES DE BIARRITZ cannot be held responsible for the content of any sites linked to the Laboratoires de Biarritz website.

The brands featured on the Site are registered trademarks and as such are protected, being the exclusive property of LABORATOIRES DE BIARRITZ.

12 Disputes

In the absence of a response by Customer Service within a reasonable time to a written complaint from the CUSTOMER, or in the event of failure to reach an amicable agreement in a dispute between the PARTIES, the CUSTOMER may request free mediation in the conditions below.

In accordance with the Ordinance n ° 2015-1033 of August 20, 2015 and with the decree of application n ° 2015-1382 of October 30, 2015, of French Law, the CUSTOMER can seize the CMAP - Center of Mediation and Arbitration of Paris to amicably settle by mediation any disagreement or consumer dispute, subject to Article L612-2 of the Consumer Code.

Disputes cannot be reviewed by the mediator: in which the claim is manifestly unfounded or abusive; has been previously examined or is under consideration by another mediator or court; if the claim is manifestly unfounded or abusive; if the CUSTOMER has submitted his request to the mediator within a period of more than one year from his written complaint to the LABORATOIRES DE BIARRITZ or if the dispute is not within the competence of the mediator; or finally if the consumer does not justify not having attempted, beforehand, to resolve his dispute directly with LABORATOIRES DE BIARRITZ by a written complaint according to the terms provided for, if applicable, in these General Conditions. 

To submit the dispute to the mediator, the BUYER may (i) fill out the form on the CMAP website: www.mediateur-conso.cmap.fr, or (ii) send his application by ordinary or registered mail to CMAP Mediation Consumption , 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to [email protected]. Regardless of the means used to contact the CMAP, the request must contain the following to be processed quickly:

The CUSTOMER's postal address, email and telephone numbers as well as the full name and address of LABORATOIRES DE BIARRITZ, a brief statement of the facts, and proof of preliminary steps with LABORATOIRES DE BIARRITZ.

13 Applicable Law & Competent Jurisdiction

The present general conditions of sale as well as the selling of LABORATOIRES DE BIARRITZ Products are subjected to the application of the French law.

In the absence of mediation, any dispute relating to the interpretation, performance or breach of contract concluded between LABORATOIRES DE BIARRITZ and the CUSTOMER will be the exclusive jurisdiction of the French courts.