Terms of sale
PRELIMINARY ARTICLE
The remote electronic (Internet) sales system for a selection of MYSTERYJOY items requires active involvement from the consumer. It complies with the legal requirements applicable to online sales and consumer protection.
ARTICLE 1: SCOPE OF APPLICATION
These online general terms and conditions of sale (the "General Terms and Conditions of Sale") apply to all sales of MYSTERYJOY items made through the online sales website (the "Online Boutique") accessible at the following address: www.MYSTERYJOY.com (the "Site"), for delivery in France and abroad.
Their purpose is to inform any potential buyer of the terms and conditions under which the seller (hereinafter "MYSTERYJOY") sells and delivers the ordered items, and to define the rights and obligations of the Parties in the context of the sale of items by MYSTERYJOY to the buyer.
By checking the box provided for this purpose, the Buyer acknowledges having read and accepted these General Terms and Conditions of Sale prior to placing the order (the "Order") without any reservation. This acceptance is not subject to a handwritten signature by the Buyer. If you do not accept these General Terms and Conditions of Sale, you will not be able to order from the Site.
In accordance with Article 1127-1 of the French Civil Code, these General Terms and Conditions of Sale may be saved by any person visiting the Site by means of electronic storage and may also be reproduced by printing.
MYSTERYJOY reserves the right to modify these General Terms and Conditions of Sale at any time.
ARTICLE 2: SELLER IDENTIFICATION
The items are sold by the company MYSTERYJOY, a simplified joint-stock company (SAS) with a share capital of €156,000, whose registered office is located at 55 Avenue Marceau, 75116 Paris, France, registered with the Paris Trade and Companies Register under number 844 923 144. Email: info@mysteryjoy.com. Its SIRET number is 844 923 144 000 19 and its intra-community VAT number is FR 73 844 923 144.
ARTICLE 3: PRODUCT INFORMATION
Information regarding all MYSTERYJOY items available for sale through the Online Boutique, along with their references, is available at the MYSTERYJOY corner at Le Bon Marché, 24 Rue de Sèvres, 75007 Paris, as well as on the Site. All descriptions and information concerning the weight of precious materials and the number and carat of stones are provided for reference only and may vary slightly.
This information complies with applicable legal and regulatory requirements, particularly Articles L.111-1 and L.111-2 of the French Consumer Code.
Despite the care taken by MYSTERYJOY in presenting its items on the Online Boutique, the company cannot guarantee that their actual appearance will precisely match how they appear on screen. Color variations may occur, particularly due to the technical limitations of color rendering on computer equipment. MYSTERYJOY cannot be held responsible for any non-material errors that may appear.
MYSTERYJOY reserves the right to modify the selection of items available for sale on its Site at any time, especially due to supplier constraints, without prejudice to Orders already placed by the Buyer, and may limit the quantity of items that can be ordered by a Buyer in a single purchase.
For any questions regarding the items or their use, further inquiries, or requests for advice, the Buyer may contact the MYSTERYJOY team through customer service using the methods provided in the “Customer Service” section of the Site.
ARTICLE 4: CUSTOMIZATION
The "My Own Card Game" collection offers customization to the Buyer on a selection of items. If the Buyer wishes to customize a Charm Chain Bracelet and/or a Charm Chain Necklace, they must click the "Add a charm" button, allowing up to 10 charm additions.
MYSTERYJOY reserves the right to refuse any order for customized items containing inappropriate, illegal, or brand-damaging content. It is the Buyer’s responsibility to ensure the accuracy of any text or input provided.
Orders for customized items are non-cancellable, and items that have been customized cannot be exchanged or refunded.
ARTICLE 5: ORDERING ITEMS
Any Order implies acceptance of these General Terms and Conditions of Sale, the Privacy Policy, and the Cookie Policy, without prejudice to any specific contractual agreements between the Parties.
5.1 Orders via the Online Boutique
Orders may be placed online through the Site.
The Buyer remains responsible for any telecommunication costs incurred when accessing the Internet and using the Online Boutique.
In the event of prolonged inactivity during connection, the selection of items made before such inactivity may no longer be guaranteed. The Buyer will be prompted to restart their item selection from the beginning.
An Order is placed by selecting an item the Buyer wishes to purchase and adding it to the cart by clicking the “Add to Cart” button from the product page. For rings and bracelets, the Buyer must select the desired size before clicking “Add to Cart.” The cart itself does not constitute an order binding MYSTERYJOY.
Once the Buyer has selected all the items they wish to purchase, they must confirm the cart’s contents and proceed with the order. Subsequent pages will summarize the selected items and their prices, delivery conditions, and the payment method the Buyer must choose.
The Buyer must have a customer account and must provide accurate personal details, including a valid email address and password. Once registered on the Site, the Buyer will receive an email allowing access to their account and the creation of a permanent login and password.
MYSTERYJOY may periodically update the information required to place a new order or to register an account. These changes will be published on the Site.
If the Buyer’s personal information changes, they must log into their account and update it directly on the Site. Furthermore, if MYSTERYJOY suspects that a third party has compromised an account, password, and/or login credentials, the company will immediately cancel and terminate the account and notify the Buyer via email.
Before final confirmation of their Order, the Buyer will have the opportunity to review the details and total price of the Order and correct any errors. Please note: placing an Order constitutes a payment obligation. To finalize the Order, the Buyer must click the “Proceed to Payment” button.
Once the Order is confirmed, MYSTERYJOY will promptly acknowledge receipt electronically.
Once payment is confirmed and successfully processed, a confirmation email (the “Order Confirmation”) will be sent to the Buyer. This will include the total Order amount, the essential features, quantity, and price of the purchased items, along with these General Terms and Conditions of Sale and the invoice for the purchase.
This Confirmation constitutes MYSTERYJOY’s acceptance of the Buyer’s Order, thus forming a legally binding sales contract.
MYSTERYJOY recommends that the Buyer keep this Confirmation on a physical or digital medium.
If the Buyer does not receive these emails, they are advised to check their spam or junk folders. The Buyer is informed that emails are sent to the email address provided by them. Therefore, in the case of an error in the email address provided, or failure to receive the confirmation email, MYSTERYJOY cannot be held liable. In such cases, the sale will be considered final, except in cases of order cancellation by MYSTERYJOY, notably due to item unavailability, payment failure, or suspected fraud. However, the Buyer may exercise their right of withdrawal under the conditions outlined in Article 10 of the General Terms and Conditions of Sale.
The items offered for sale by MYSTERYJOY are those shown on the Online Boutique at the time of the Buyer's consultation, and within the limits of available stock. MYSTERYJOY reserves the right to withdraw items from sale at any time. In any case, if all or part of the items ordered become unavailable after the Order is placed, the Buyer will be informed by email as soon as possible of the item’s unavailability and of the full or partial cancellation of their Order.
In the event of a total cancellation of the Order, MYSTERYJOY’s customer service will contact the Buyer to inform them and proceed with a refund, which will be issued as soon as possible and no later than 14 days thereafter.
In the case of a partial cancellation:
– The Order will be validated, and the full amount will be charged to the Buyer’s account.
– The Buyer will receive the available items. MYSTERYJOY’s customer service will contact the Buyer to inform them of the unavailable items and will issue a refund as soon as possible and no later than 14 days following the shipment of the available items.
5.2 Order Refusals
It is reminded that purchases made on the Site are reserved for private, non-professional customers for their personal use (or for gifting within their family circle). Therefore, MYSTERYJOY only sells items in quantities that correspond to the usual average needs of a household. In accordance with Article L121-11 of the French Consumer Code, MYSTERYJOY reserves the right to refuse or cancel any Order for legitimate reasons if the quantity or total amount (for one or several combined Orders) exceeds typical household use, if the Order suggests that the Buyer is engaging in commercial activity related to the items ordered, or more generally, if the Order is deemed abnormal under applicable case law. Orders may not include more than five (5) items per purchase operation on the Site.
Finally, MYSTERYJOY reserves the right to suspend or cancel the execution of any Order and/or delivery, regardless of its nature and progress, in cases of non-payment or partial payment, payment issues, or in the event of fraud or attempted fraud involving use of the Site, including during previous Orders.
ARTICLE 6: ITEM PRICES
The prices of items, displayed in Euros, include all taxes.
Unless expressly stated otherwise when placing the Order via the Online Boutique, these prices do not include shipping fees, which are charged in addition to the purchase price. Shipping fees will be disclosed before the Buyer confirms the Order. The shipping methods are specified later in the Terms and Conditions and are also available on the Site; they may be updated at any time by MYSTERYJOY. Therefore, MYSTERYJOY advises all Buyers to regularly review the Terms and Conditions available on the Site. The item prices listed online at the time of the Order are the prices applicable to the Buyer’s purchase. Prices and delivery costs may be modified by MYSTERYJOY at any time, and any such modification will be communicated to the Buyer before placing an Order.
MYSTERYJOY regularly checks its prices for accuracy; however, some prices may contain errors. If an error is identified, the Buyer will be informed as soon as possible. MYSTERYJOY reserves the right to cancel an Order affected by a pricing error. If payment has already been made, the Buyer will be refunded immediately. If the item has already been delivered, it must be returned to MYSTERYJOY.
All Orders must be paid in full at the time they are placed. If certain items are unavailable, the conditions outlined in Article 5.1 will apply.
Upon Order Confirmation, the Buyer will receive written confirmation of the price paid, including item prices and any applicable delivery charges.
Please note that VAT may vary depending on the destination country.
The actual VAT for the Buyer’s Order will be calculated at the time the Order is due to be shipped. If changes in legislation occur between the time of Order and the Order Confirmation, this may result in a change to the applicable sales tax. If this leads to an increase in the sales tax, MYSTERYJOY will contact the Buyer and request reconfirmation of the Order.
ARTICLE 7: PAYMENT TERMS
Payments for purchases on the Site may be made:
– By credit/debit card (accepted networks include “CB,” Visa, Eurocard/MasterCard, American Express).
In this case, the Buyer's card is charged upon shipment of the Order.
When placing an Order on the Site, the Buyer must enter their payment details in the appropriate form.
The Buyer guarantees MYSTERYJOY that they are the rightful holder of the payment card and that the name on the card matches their own. They must then provide—via secure online forms or by phone—the card number, expiration date, and the visual cryptogram (CVV) on the card.
To process the Order, MYSTERYJOY may initiate a pre-authorization on the Buyer’s payment card. The purchase amount will be held until the Order is shipped, at which point the Confirmation of Order will be sent, and the card charged.
By submitting an offer to purchase MYSTERYJOY items, the Buyer expressly authorizes MYSTERYJOY to carry out a pre-authorization and, if necessary, to share or request updated information with/from third parties (such as the card issuer) for the purpose of verifying identity, validating the card, and authorizing the transaction.
For online payments, verification will be performed in real time via the systems of Société Générale (France), which securely stores and processes all transaction data.
If, for any reason (opposition, refusal by the issuer, etc.), the payment fails, the purchase process will be immediately canceled.
ARTICLE 8: COMPLIANCE WITH REGULATORY AND CONVENTIONAL STANDARDS
GOLD: MYSTERYJOY products are made with 18-karat gold.
DIAMONDS: The diamonds used by MYSTERYJOY are synthetic diamonds imported from Belgium. They are ethical and fully traceable. MYSTERYJOY is committed to an environmentally responsible approach.
ARTICLE 9: DELIVERY AND RECEIPT
9.1 General Rules
Delivery refers to the physical transfer of items to the Buyer.
Items ordered in accordance with these General Terms and Conditions will be delivered to the address indicated by the Buyer as the delivery address on the relevant Order (“Delivery Address”).
Information about delivery methods is also available on the cart validation page and the Order summary page, before payment. Shipping costs are added to the Order total and are disclosed to the Buyer before final confirmation. Customs duties and taxes are the responsibility of the Buyer.
No delivery will be made by MYSTERYJOY if full payment is not received.
Delivery can only be made to the Buyer’s permanent home address, place of work, or a hotel, in France or abroad.
The Buyer may also choose to have the items delivered to another individual with a permanent address in France or abroad (e.g., as a gift).
No deliveries will be made to transit agencies, campuses, pickup points, or P.O. boxes. Orders will only be shipped once full payment has been recorded.
In accordance with the French Consumer Code, items will be delivered within the timeframe provided by MYSTERYJOY and, if none is specified, no later than 30 days from the date of the Order, subject to full payment.
For international deliveries, MYSTERYJOY cannot be held liable for any delays, seizures, or blocks by customs or regulatory authorities in the destination country. No compensation can be claimed in such cases.
Article 9 – Delivery Terms
9.2 Delivery Methods
Items ordered by the Buyer are delivered by MYSTERYJOY's carrier to the delivery address provided by the Buyer during the Order process, with tracked shipping. Each Order is assigned a tracking number. By logging into their account on www.MYSTERYJOY.com, the Buyer can access a link to track the status of their parcel via the carrier’s website.
– Delivery via carrier
Delivery is estimated within 15 days from the shipment of the Order, as indicated by the shipping confirmation email sent to the Buyer.
The applicable delivery fees are those indicated on the Website at the time the Buyer places the Order.
9.3 Anomaly, damage, or damaged parcel
To avoid any disputes, MYSTERYJOY recommends that the Buyer verify the conformity of the items upon delivery and report any anomaly immediately by contacting customer service at info@mysteryjoy.com.
In case of non-conformity of the purchased items, the Buyer may return them or request an exchange or refund, under the conditions set out in Articles 8, 9, or 10 depending on the case.
Article 10 – Right of Withdrawal and Return of Items
In accordance with Article L. 221-18 of the French Consumer Code, the Buyer has a right of withdrawal for 14 days after receiving their order, without needing to justify their decision. This period begins upon receipt of the last item in the case of split delivery. However, under Article L. 221-28 of the Consumer Code, this right does not apply to items:
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Made to the customer’s specifications or clearly personalized,
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Unsealed after delivery for hygiene or health protection reasons.
MYSTERYJOY – unique, made-to-order jewelry
MYSTERYJOY jewelry is not subject to the return policy because it is made to order and designed specifically for each customer. As each piece is unique, no return slip will be provided, and no refund will be issued. However, a credit note may be offered in the case of an accepted return, and exchanges are possible under certain conditions.
The return policy only applies in cases where a package is received damaged, defective, or with a manufacturing fault. In such cases, the Buyer must contact customer service immediately at info@mysteryjoy.com.
Returned items that are incomplete, damaged, deteriorated, soiled, or show signs of use or wear will not be exchanged or credited and will be returned to the Buyer.
The credit note corresponding to the amount of the returned items, including delivery fees, will be issued within a maximum of 14 days after the returned items are received by MYSTERYJOY.
Return shipping costs are fully covered.
In all cases, the Buyer must return the items in their original packaging, complete (box, certificate of authenticity, accessories, protections, tags, booklets, etc.).
Article 11 – Exchange
In addition to the right of withdrawal described above, MYSTERYJOY offers Buyers the possibility to exchange an item under certain conditions.
As MYSTERYJOY jewelry is made to order and customized, exchanges are possible within 30 days of delivery.
All exchange requests must be sent to customer service at: info@mysteryjoy.com.
The return of the concerned product is covered by MYSTERYJOY. Customer service or the carrier will contact the Buyer to arrange the collection of the parcel.
The returned item must be new, unworn, unengraved, and in its original, perfectly intact packaging. It must be accompanied by the purchase invoice and the certificate of authenticity provided at the time of sale.
After receipt, MYSTERYJOY’s quality department will verify the condition of the returned item. Provided the above conditions are met, the exchange will be processed as soon as possible.
No refund will be issued. In the case of an accepted return, a credit note will be offered to the Buyer.
Items that are incomplete, damaged, deteriorated, soiled, or show signs of use will not be accepted and will be returned to the Buyer.
In the case of a gift, the recipient may exercise the right to exchange, provided the conditions listed above are met.
Lastly, MYSTERYJOY reserves the right to refuse an exchange beyond two successive requests.
Article 12 – Conformity – Warranty – After-Sales Service
All items for sale on the Website are covered by the legal warranty of conformity (as defined in Articles L.217-4 and following of the Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 and following of the Civil Code), allowing the Buyer to return defective or non-compliant items at no cost.
12.1 Legal Warranty
12.1.1 Legal Warranty of Conformity
The French Consumer Code provides the following regarding the legal warranty of conformity:
Article L.217-4:
The seller must deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. They are also responsible for conformity defects resulting from the packaging, assembly instructions, or installation when these have been provided for under the contract or carried out under their responsibility.
Article L.211-5:
To conform with the contract, the goods must:
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Be suitable for the use usually expected of similar goods and, where applicable:
– match the description given by the seller and have the qualities presented to the buyer in the form of a sample or model;
– present the qualities a buyer can reasonably expect given public statements by the seller, producer, or their representative, especially in advertising or labelling; -
Or present the characteristics defined by mutual agreement or be suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by them.
Article L.211-12:
The action resulting from a lack of conformity is time-barred two years after delivery of the goods.
12.1.2 Warranty Against Hidden Defects
Article 1641 of the Civil Code:
The seller is bound by the warranty against hidden defects of the sold item that render it unfit for its intended use, or which diminish its use so much that the buyer would not have acquired it, or would have paid a lower price, had they known.
Article 1648 of the Civil Code:
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case of Article 1642-1, the action must be initiated within one year from the date the seller could be released from apparent defects or non-conformity.
Under the hidden defect warranty, MYSTERYJOY commits, upon assessment of the defect and depending on the Buyer’s choice:
– To refund the full price of the returned item, or
– To refund part of the price if the Buyer decides to keep the item.
12.1.3 Warranty Exclusions
Items modified, repaired, integrated, or added by the Buyer are excluded from the warranty. The warranty does not apply to apparent defects or damage caused during transport or through misuse.
When acting under the legal warranty of conformity, the Buyer:
– Has two years from delivery to take action;
– May choose between repair or replacement, subject to cost conditions defined by Article L.217-9 of the Consumer Code;
– Is exempt from proving the existence of the conformity defect.
This legal warranty of conformity applies independently of any commercial warranty offered by MYSTERYJOY.
The Buyer may also invoke the warranty against hidden defects as per Article 1641 of the Civil Code. In that case, the Buyer may choose to cancel the sale or request a reduction in price as per Article 1644 of the Civil Code.
12.2 Implementation of Legal Warranties
These provisions are not exclusive of the right of withdrawal defined in Article 10 above.
12.3 Consequences of Implementing the Warranties
Under the legal warranty of conformity, MYSTERYJOY undertakes, based on the Buyer’s choice:
– To replace the item with an identical one depending on stock availability,
– Or to refund the item’s price if replacement is impossible.
Under the hidden defect warranty, MYSTERYJOY commits, based on the Buyer’s choice and after evaluation:
– To refund the full price of the returned item,
– Or to refund part of the price if the Buyer keeps the item.
Article 13 – Complaints – Information
For any information, complaint, or question regarding the General Terms and Conditions of Sale set by MYSTERYJOY or the items themselves, Buyers must contact MYSTERYJOY's customer service via the "Customer Service" form on the Website, providing their Order number when applicable.
Article 14 – Protection of Personal Data
MYSTERYJOY collects personal data from the Buyer, and, where applicable, from the recipient of the Order.
It is reminded that the personal data requested from the Buyer is necessary for processing their Order and for issuing invoices, among other things.
These data may be communicated to MYSTERYJOY’s potential partners responsible for fulfilling, processing, managing, and paying Orders.
The processing of information provided through the Website complies with legal requirements concerning the protection of personal data, with the information system used ensuring optimal protection of these data.
In accordance with Personal Data Protection Regulation (the "Informatique et Libertés" law, the European General Data Protection Regulation of April 27, 2016, and any national law that complements it), any person whose data is being processed has the right to object for legitimate reasons, the right to access, as well as the right to rectify, limit, or delete any information that is no longer relevant, the right to portability, the right to object at any time to the use of their data for commercial purposes, and the right to issue instructions regarding the fate of their data after their death. These rights can be exercised in accordance with the methods specified in the Website's privacy policy and cookie policy.
Article 15 – Retention of Title
MYSTERYJOY retains full ownership of the items sold until the full payment of the price, including principal, fees, taxes, and mandatory contributions.
Article 16 – Intellectual Property Rights
The brand “MYSTERYJOY,” as well as all figurative or non-figurative trademarks, and more generally, all other trademarks, illustrations, images, and logos featured on MYSTERYJOY products, their accessories, or their packaging, whether registered or not, are and will remain the exclusive property of MYSTERYJOY. Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, and logos for any reason and on any medium without the express prior consent of MYSTERYJOY is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logo, or more generally, any distinctive sign intended to form a composite logo. The same applies to all copyright, designs, models, and patents owned by MYSTERYJOY.
The use of any part of the Website, notably by downloading, reproducing, transmitting, or displaying it for purposes other than personal and private non-commercial use is strictly prohibited. Violating these provisions exposes the violator to sanctions under the Intellectual Property Code, specifically concerning copyright infringement (Article L.335-1 and following), trademark law (Article L.716-1 and following), as well as the Civil Code regarding civil liability (Articles 1382 and following).
Creating hyperlinks to any page or element of the Website can only be done with the express prior written authorization of MYSTERYJOY. This authorization can be revoked at any time. Websites with hyperlinks pointing to the Online Shop or to which the Online Shop may refer are not under MYSTERYJOY’s control, and MYSTERYJOY therefore disclaims any responsibility (including editorial responsibility) regarding access and content of those sites.
Article 17 – Signature and Proof
MYSTERYJOY works to protect the personal information of its Buyers by ensuring a high level of security. However, the Buyer also has a role to play in protecting their personal data. In particular, the Buyer must ensure the security of their online transactions, for example, by not disclosing their identifier (Buyer’s email address) and/or password to anyone, and by changing their password regularly. In this respect, MYSTERYJOY cannot be held responsible for the disclosure of information regarding the Buyer to any individual who has used their identifier (Buyer’s email address) and/or password. Thus, the use of the identifier (Buyer’s email address) and/or password will serve as proof of the Buyer's identity and obligation at the time of Order validation, along with the corresponding amounts. MYSTERYJOY cannot be held responsible for the fraudulent use of this information. Providing the credit card number and final validation of the Order will serve as proof of acceptance of the Order and the amounts associated with the items listed on the Order. The computerized records, stored in MYSTERYJOY’s and its partners’ information systems, will be considered as proof of communications, Orders, and payments that have taken place between the Parties.
Article 18 – Force Majeure
MYSTERYJOY’s performance of all or part of its obligations will be suspended in the event of a force majeure situation as defined in Article 1218 of the Civil Code, which hinders or delays its execution.
MYSTERYJOY will inform the Buyer of such an unforeseen event or force majeure within eight (8) days of its occurrence. The occurrence of such an event leads to the suspension of the execution of these General Terms and Conditions of Sale.
Article 19 – Liability
19.1 MYSTERYJOY can only be held liable for direct and foreseeable damages resulting from the Buyer’s use of the website www.MYSTERYJOY.com and the purchased items.
19.2 MYSTERYJOY cannot be held liable for direct or indirect damages that may result from the use of the Website, including inaccessibility, data losses, damage, destruction, or viruses that may affect the user's computer equipment and/or the presence of viruses on the Website.
19.3 MYSTERYJOY does not guarantee the legality or accessibility of the content of the website www.MYSTERYJOY.com in all countries. The Buyer must therefore ensure compliance with the regulations applicable in the country where they are using the Website.
Article 20 – Language of the Contract
For the convenience of clients, the Website and the General Terms and Conditions of Sale are available in two languages: French and English. However, in the event of a contradiction between the French version and the English version, the French version prevails. Only the French version of the General Terms and Conditions of Sale is legally binding between the Parties.
Article 21 – Disputes – Applicable Law
These General Terms and Conditions of Sale are governed and interpreted in accordance with French law. In the event of a dispute related to the application and/or interpretation of these General Terms and Conditions of Sale, the Buyer has the option to resort to a conventional mediation process or any other alternative dispute resolution procedure. Any dispute or consumer-related litigation can be resolved amicably through mediation with the CMAP – Paris Mediation and Arbitration Center.
If an amicable solution or recourse to mediation is not possible, all disputes arising from the General Terms and Conditions of Sale will be submitted to the competent court at the Buyer’s place of residence.
The failure of either Party to enforce any breach of its obligations under these General Terms and Conditions of Sale shall not be interpreted as a waiver of that obligation for the future.