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GENERAL TERMS AND CONDITIONS OF SALE - PHILIPPINES
The present general terms and conditions of sale (hereinafter the "General T&C") are applicable to any online sale of products bearing the trademarks "MAISON MARGIELA" and "MM6 MAISON MARGIELA" (hereinafter referred to as the "Products"), through the official e-commerce website www.maisonmargiela.com (hereinafter the "Website"), proposed by the company MARGIELA, a simplified joint stock company, with registered seat at 12, Place des Etats-Unis 75116, Paris, France, duly registered at the Company House of Paris under the number 879 608 438 RCS Paris and with VAT number FR78879608438 (hereinafter referred to as "Margiela").
The online sale of the Products on the Website is executed, according to the terms and conditions set forth by these General T&C and in compliance with all applicable laws and regulations in force, by Margiela, through its Italian branch:
- MARGIELA S.A.S. Italian Branch, with registered seat in Italy at Via Savona, 60, 20144 Milan (MI), duly registered at the Company House of Milano, Monza, Brienza e Lodi under the number 09853130962 and with VAT number IT09853130962;
(hereinafter Margiela and its branch, collectively or individually, the « Seller »).1 SELLER'S COMMERCIAL POLICY
1.1 The Seller offers for sale the Products available on the Website and carries out its online sales activity exclusively with respect to customers who purchase the Products through the Website, as final "consumers", i.e. any natural person who is acting for personal purposes and which do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity, thus excluding any reseller or any intermediary acting in the name of and on behalf of resellers (hereinafter referred to as the "Customers", and each one of them as a "Customer").
1.2 It is agreed that only Customers who have reached the age of majority and who have the full legal capacity to commit themselves under the terms of these General Conditions may access the online sales service offered by the Seller on the Website. Consequently, any person who does not have the characteristics of the Customer, as defined in the previous paragraph 1.1, nor the conditions referred to in this paragraph, is invited to refrain from placing any order on the Website.
1.3 The online sales service offered by the Seller on the Website regarding delivery and/or pick-up in Boutique, in the case may be, is only available for the locations listed in the "Change Country/region section" on the Website, being understood that a Customer not residing in the mentioned locations is free to purchase on the Website asking the delivery or the pick-up in boutique, only where provided and available.
1.4 With regard to its commercial policy, the Seller reserves the right not to process: (i) any order placed by any person who does not comply with the criteria referred to in paragraphs 1.1, 1.2 and 1.3 above, (ii) in any event, orders that do not comply with its commercial policy and/or that do not comply with the terms and conditions of these General T&C, and (iii) any abnormal request from a Customer in terms of the quantity of Products ordered (in this respect, by way of example, any order exceeding a quantity of 5 (five) pieces for the same Product per order may be considered abnormal), or (iv) in the event of activity reported or suspected to be fraudulent, illegal or unauthorised, including in the event of suspicion of purchases made for commercial and non-personal purposes.
1.5 Consequently, the present General T&C exclusively govern any online sales of Products by the Seller to a Customer through the Website (hereinafter the "Contract").
1.6 The General T&C do not govern the provision of services or the sale of products by third parties other than the Seller, who may be present on the Website through links, banners or other hypertext links. Before placing any order and purchasing products and services of any kind offered by said third parties, Customers are advised to carefully check the general terms and conditions of sale of said products and services, since the Seller hereby declares that it is in no way responsible for the provision of services and/or the sale of products by said third parties and/or, in general, for the conclusion of online sales between users of the Website and said third parties.
2.1 In order to complete a Contract with the Seller, the Customer must follow the instructions, which will be indicated online in the various stages leading up to the conclusion of the Contract, including: (i) selecting and including the desired Products in the shopping basket, (ii) filling in the order form provided for this purpose with the personal data required for the processing of the order (name, address, e-mail, telephone number, delivery/billing address), (iii) selecting the delivery method or collection in the shop, and (iv) selecting the means of payment among those available.
2.2 Before placing the order, the Customer will be able to view a summary containing the following information: (i) essential information and price of each Product selected, (ii) total price of the order (including applicable taxes and charges), (iii) means of payment selected, (iv) delivery method chosen, (v) estimated delivery date (vi) transport costs if applicable (including any additional costs that the Customer is required to incur for having opted for a specific method of shipment and delivery different and/or faster than that defined by the Seller as "standard"), (vii) the conditions and procedures for exercising the right of withdrawal, as well as the procedures for any possible return of the Products purchased, (viii) the personal data provided for the purpose of processing the order, and (ix) the contacts of the Seller and of Client Care, if necessary. The Customer may thus, before confirming the dispatch of his order and proceeding to payment, review his selection, check that his order corresponds to his purchasing intentions, modify it if necessary and/or correct any errors concerning his personal data required for the proper processing of the order by the Seller.
2.3 The placement of the order by the Customer constitutes a binding offer to purchase the Products selected from the Seller, subject to these General T&C, without prejudice to the Customer's right of withdrawal referred to in Article 7 below, as well as an obligation for the Customer to pay the price of the Products ordered.
2.5 The Contract between the Customer and the Seller shall be deemed to have been concluded upon receipt by the Customer of the Seller's confirmation e-mail of the delivery of the order thus accepted (hereinafter "Order Confirmation"). The Order Confirmation will be sent to the Customer at the e-mail address given in the order. In the event of unavailability of one or more Products ordered, the Seller will contact the Customer to inform him/her and the order will then be partially cancelled and the price to be paid will only be equivalent to the amount of the Products available. The Seller will refund, in the case may be, any amounts already paid, corresponding to the prices of the unavailable Products.
2.6 The Order Confirmation will contain the order number, the essential information of the Products purchased, as well as the price to be paid and the delivery method chosen and the delivery address, if applicable. Once registered, the Customer may at any time access his/her orders by consulting the " Order Details" tab directly available on the Website.3 PRODUCT DESCRIPTION AND PRICE
3.1 The Seller represents that the Products sold through the Website are original products.
3.2 On the Website, the Seller does not offer for sale second-hand products, defective products and/or in any case products of lower quality than the standards applicable to similar products offered on the market.
3.3 The essential information and features of the Products are available on the Website by consulting the relative "Product details". The pictures of the Products on the Website cannot be considered contractual, as they may differ from reality, for example, the colour, fabric, textures may differ from those of the real Products, for reasons not attributable to the Seller, which may be due, among others, to the Internet browser and/or the characteristics of the devices used by the Customer. The Customer must therefore make his choice on the basis of the Product Sheet only and the Seller hereby expressly declines any liability in this respect.
3.4 The prices of the Products are indicated on the Website. The prices are indicated in Euros, it being understood that the VAT as well as any other applicable tax are considered included in the price displayed. Only the delivery costs, if any, shall be added to the price of the Products ordered and communicated to the Customer during the order summary before the validation by the latter.
3.5 The Seller reserves the right to change the prices of the Products at any time and without notice, it being understood that any change will not apply to orders which have been already confirmed by an Order Confirmation and which are still being processed at the date of the price update.4 PAYMENTS
4.1 The Customer undertakes to pay the price of the Products as well as any shipping and delivery costs, if any, related to the Order Confirmation, as referred to in paragraph 3.4 above, being specified that the payment will be done in favour of the Italian Branch of Margiela, as identified in introduction. It is understood that the Seller will not charge any additional costs to the Customer, unless specifically indicated in the summary and in the Order Confirmation.
4.2 The Customer will pay according to the means of payment that he/she will have chosen at the time of the relevant order placement among those that the Seller makes available on the Website, namely:
- Credit or debit card (for example but not limited to: Visa©, MasterCard©, American Express©, which will be made available).
4.4 The amount of the order will only be debited after: (i) the Seller has sent the Order Confirmation to the Customer and (ii) the payment card issuer has authorised the Customer to debit the bank card indicated or has authorised the Customer's Paypal account, if applicable.
4.5 Should the payment be refused for any reasons, the order will be cancelled and the Contract will be automatically terminated, without any liability on the part of the Seller for this. The Seller will inform the Customer without delay by e-mail.
4.6 Any charges applied by the credit card issuer, bank or other payment institution, related to the processing of the payment of the order, shall be borne exclusively by the Customer.
4.7 Once the payment has been made, upon prior acceptance by the Customer, the Seller will issue an electronic receipt containing the information that the Customer have entered at the time of his order for this purpose5 SHIPMENT AND DELIVERY OF THE PRODUCTS -- PICK UP IN BOUTIQUE
5.1 The Seller leaves to the choice of the Customer the option between (i) to have the Products, subject of the Order Confirmation, delivered to the address of his choice among the available countries listed on the Website; or (ii) to benefit from the "Boutique Pick-up" service in order to pick up the Products directly from the boutique operated by the Seller under the brand name "MAISON MARGIELA" or "MM6 MAISON MARGIELA" present in the Country/region of purchase and appearing in the list of boutiques that offer this service, available on the Website, under the "Boutique" section (hereinafter "Boutiques"). The Customer will communicate his choice when placing his order.
5.2 Delivery to the address of the Customer's choice
If the Customer opts for receiving his order at the address of his choice among the available countries listed on the Website, the delivery will be made in accordance with the deadline agreed with the Seller during the Order Confirmation, subject to payment of the price. It is specified that the time indicated is given for information purposes only.
As delivery is carried out by carriers, any delivery costs are not included in the price but are indicated separately in the summary available to the Customer before validating the order and will be charged to the Customer, except in the case of a promotion put in place by the Seller, at its own discretion and duly communicated on the Website.
The Customer will receive details of the shipment and delivery by the carrier by e-mail to the address given in the order form. To the extent permitted by applicable law, the Seller assumes no liability for damages resulting from specific agreements between the Customer and the carrier.
Upon delivery, the Customer is invited to check that the package delivered is intact and undamaged in any way whatsoever and that it corresponds to what is indicated on the delivery note. The Customer is also invited to check that the Products comply with the features of the Products ordered (model, size, colour, quantity). Any damage and/or error must be reported to the carrier on the delivery note, before signing it, and to the Client Care as soon as possible after delivery, otherwise the Seller reserves the right not to follow up on any subsequent claims, except for those concerning defects of conformity provided for by law, as referred to in the following Article 10.
5.3 Boutique Pick-up
If the Customer opts for the Boutique Pick-up service, where available, the Customer will receive an invitation by e-mail, to the address given in the Order Form, to collect the Products purchased from the selected Boutique, when they become available. The Customer will then be able to collect the Products from the day on which he/she receives the said invitation, which may potentially be the day on which the Customer receives the Order Confirmation, or, at the latest, within 14 (fourteen) working days from the date of receipt of the aforementioned invitation e-mail.
In order to collect the order from the selected Boutique, the Customer must present to the sales staff (i) a copy of the Order Confirmation e-mail and the e-mail inviting the Customer to collect the order, and (ii) a valid identity document at the time of collection. If the documents referred to in points (i) and (ii) above are not presented, the sales staff will be authorised to refuse the collection request. In this case, the Client Care will do its utmost endeavour to contact the Customer and find a new collection date that is convenient for the latter.
If the Customer does not collect the Order within 14 (fourteen) working days from the date of receipt of the e-mail confirming the availability of the Order to be collected from the selected Boutique, the Contract shall be deemed automatically terminated. Consequently, the Customer will no longer be able to collect or claim his Order from the selected Boutique or from the Seller. As a consequence of the termination of the Contract, the Customer will be refunded the amount paid, within the time and in the manner indicated by the Seller.
If the Customer chooses to entrust the collection of his/her Order from the selected Boutique to a third person, this person must present, in addition to the copy of the Order Confirmation e-mail and the invitation to collect it, a power of attorney issued by the Customer, together with a photocopy of the Customer's valid identity document, as well as his/her own identity document valid on the day of collection.
It is also specified that delivery times will be the same as those for delivery to an address of the Customer's choice referred to in paragraph 5.2 above, unless the Products, which are the subject of the order, are already available in the selected Boutique at the date the Order Confirmation is sent.
5.4 In order to be better aware about the specific methods of shipment and delivery of the Products to the address indicated by the Customer or by opting for the boutique Pick-up service, the Customer is invited to consult the "Client Care" section available on the Website. The information contained in this section should be carefully considered as an integral and substantial part of these General T&C and, therefore, is considered to be fully known and accepted by the Customer at the time of submitting his/her order to the Seller.
5.5 Ownership of the Products and the risk of loss, damage and destruction of the Products shall pass to the Customer upon delivery to the agreed address or upon collection from the selected Boutique, in the case may be.6 CLIENT CARE
6.1 The Customer may request to Margiela, as defined hereof, any information, complaint, exercise his rights such as the implementation of legal guarantees or obtain information on the conditions of sale of the Products or on the Products themselves, through the Client Care set up by Margiela. For further information, please consult the "Client Care" section available on the Site.
6.2 The Customer may, at his discretion, contact Margiela's Client Care by telephone, or any other means of contact indicated by Margiela, and request the operator to place the Order on the Customer's behalf. In this case, the Customer shall be informed by e-mail, to the e-mail address provided by the Customer, that the purchase has been successfully completed and that the order is being processed. If the Customer does not receive the above-mentioned confirmation e-mail, it is the Customer's responsibility to report the problem to Margiela's Client Care and to request that a new e-mail be sent to him/her. The Seller shall not be liable in the event that the confirmation e-mail is not received at the e-mail address indicated by the Customer (for whatever reason) or, in general, in the event that the Customer does not promptly inform the Seller of the failure to receive the confirmation e-mail. For all matters not specified in this paragraph 6.2, the provisions set out in these General T&C and, in general, on the Website apply to the process of the order, as well as to its subsequent phases.7 right of withdrawal
7.1 The Customer has a period of 30 (thirty) days to exercise his or her right of withdrawal from the Contract, without having to give reasons, save if local applicable laws and regulations will provide a mandatory longer term, which will apply in the case may be. This period runs from (i) the date of delivery of the Products to the address agreed by the Customer, or (ii) the date of Pick-up of the Products from the selected Boutique, as respectively defined in the above paragraphs 5.2 and 5.3. If the order is for several Products delivered separately, the period shall run from the date of receipt or pick-up in the Boutique, as the case may be, of the last package received, which is the subject of the Order Confirmation.
7.2 The Customer must inform the Seller, within the above-mentioned term, of his/her wish to exercise this right of withdrawal, in the manner provided for in this Article. To notify this decision, the Customer may use the standard withdrawal form available on the Website in the "Client Care" section, under "Return Form".
7.3 The right of withdrawal does not apply to purchases of (i) Products made at the request of the Customer or clearly personalised, the manufacture of which requires special adaptations to meet very precise technical and aesthetic requirements (e.g. tailor-made garments, alterations), (ii) Products which have been opened and cannot be returned for reasons of hygiene or health protection and (iii) Products marked as "Final Sale", if any, according to local laws.
7.4 The Seller will accept the exercise of the right of withdrawal by the Customer, subject to compliance with the following conditions: (i) the returned Products must not have been used, worn, washed and/or altered in any way, (ii) the identification label must still be attached to the Products, as it was affixed, (iii) the single-use seal must not have been removed from the product, (iv) the Products must be returned in their original, undamaged packaging
7.5 Subject to compliance with the conditions set out in paragraphs 7.3 and 7.4 above, the Customer shall return the Products purchased within 30 (thirty) days from the date on which the Customer received or collected the Products concerned, in accordance with the following terms and conditions made available to him:
(i) Return by Prepaid Label: the Customer may use the prepaid return label included in the package of the carrier designated by the Seller for the shipment of the purchased Products, without filling in any online return form and without specifying any reason for the right of withdrawal; or
(ii) Return via the online form: The Customer can choose to fill in the right of withdrawal request for the Product(s) purchased directly on the Website from the "My Account" or "Client Care -- Return Form" section. At the end of this procedure, the Customer will receive a confirmation e-mail, at the address given at the time of the order, containing a new pre-paid return label that he/she can use to send the Product(s) to be returned, replacing the one that was in the original shipping package; or
(iii) Returns to a Boutique (where this service is applicable): The Customer may choose to return the Products, free of charge, directly to a Boutique (located in the country where the Products were delivered and authorised for this service, a list of which is available on the Website, from the "My Account" or "Client Care -- Return Form" section. The Customer shall hand over the returned Product(s) to the sales staff of the selected Boutique and provide the order number reference included in the Order Confirmation e-mail (which will allow to verify that the order has been placed on the Website). In the presence of the Customer, the sales staff shall verify that all the conditions for exercising the right of withdrawal referred to in this Article are met. If the conditions are met, the sales staff will accept the return and the Customer will receive a confirmation e-mail at the address given at the time of his/her order. The refund will be made by the Seller in accordance with the payment method used by the Customer to purchase the Products. No immediate refund will be made in the Boutique.
(iv) Return via Client Care: The Customer can always use Margiela's Client Care to return the purchased Product(s). At the Customer's request, Margiela's Client Care can formulate a return request directly in its system, indicating that the Product(s) will be returned. Upon completion of this procedure, the Customer will receive a confirmation e-mail, at the address provided at the time of ordering. The Product will then be returned directly to Margiela's warehouse.
7.6 If the Customer chooses the previous modality (i), (ii) or (iv), the Customer will not have to pay the return costs, since the relative costs will be paid by the Seller, who will pay the service provided by the carrier. It is understood, however, that if the Customer decides to use a carrier other than the one indicated by the Seller, the Customer will have to pay the full cost of return.
7.7 In the event of withdrawal, the Customer will be reimbursed for all payments made, including any delivery costs, with the exception of additional costs in the event that the Customer has expressly chosen a delivery method other than the standard one offered by the Seller. The costs incurred by the Customer, if any, will remain at his expense.
Refunds will be made using the same means of payment as that used by the Customer for the initial transaction; in any event, the Customer will not incur any costs as a result of exercising his/her right of withdrawal.
Refunds will be made within 14 (fourteen) days of receipt of the Products and may be suspended until the Seller has received the Products or the Customer has demonstrated that he has returned the Products, whichever is earlier.
7.8 It is understood that the Customer will be contacted by Margiela's Client Care if the right of withdrawal cannot be accepted due to non-compliance with the conditions set out in this Article. In this case, the Products will be returned to the Customer and the delivery costs will be at his expense. If the Customer refuses this delivery, the Seller reserves the right to keep the Products and the amount corresponding to the purchase price, as well as the amount relating to the delivery costs.8 EXCHANGE
8.1 In addition to the right of withdrawal, the Seller offers the Customer the right to exchange the Products, with the exception of those made to measure or personalized and/or of those Products marked as "Final Sales", if any, according to local laws, under the conditions set forth under this article.
8.2 The Customer may exchange the purchased Product(s) within thirty (30) days following the date of receipt of the Products. To this end, the Customer may contact Margiela's Client Care to agree on the return of the Products concerned by the exchange or fill in the online Return Form to request the exchange. The Customer may return the Products concerned according to the terms and conditions set forth under Article 7 above, being understood that Products purchased online cannot be exchanged in Boutiques
8.3 Any new delivery can only take place once the Seller has received the returned Products.
8.4 The conditions of acceptance of any exchange remain the same as those referred to for the acceptance of returns within the framework of the exercise of the right of withdrawal referred to in the previous Article 7, in particular Products returned incomplete, damaged, deteriorated, soiled or in any other condition which would reasonably suggest that they have been used or worn, shall not be exchangeable.
8.5 The exchange of Products shall have as a consequence the termination of the Contract and the payment of the new sale shall be made by offsetting the amount of the initial sale.
8.6 Within the framework of the commercial exchange policy proposed under this Article, the Seller reserves the right to refuse an exchange beyond two (2) successive requests for the same Product by the Customer.9 EXCLUSION OF WARRANTY AND LIMITATION OF RESPONSIBILITY
9.1 These General T&C set out all the obligations and responsibilities of Margiela in relation to the online sale of Products via the Website. In particular, the Seller does not warrant that the Products are suitable for any particular use intended by the Customer, unless such use has been made known to the Seller at the time of the conclusion of the Contract.
9.2 To the maximum extent permitted by the law, the Website, its content and services are provided free of charge on an 'as is' basis and subject to availability. Margiela provides no warranties with respect to the Website, its content or services, including, but not limited to, any warranties of continuity and of absence of disruptions or functioning errors, of protection against harmful programs (such as viruses, bugs, malware etc.) and of adequacy for a particular purpose, and on the opposite Margiela expressly excludes any of the said warranties. As the services are offered free of charge, Margiela is committed to ensure that information made available through the Website is accurate and up to date. However, Margiela can in no case guarantee the accuracy of such information or that such information is free of errors or omissions, and Margiela expressly excludes any warranty or liability to that effect. Margiela reserves the right to update and/or modify the content of the Website at any time without prior notice and without incurring any responsibility, as fully set forth in Article 13 below.10 WARRANTY
10.1 The Customer must ensure that the Products delivered to him correspond to the order. In addition to the right of withdrawal and the right of exchange, the Products are subject to the guarantee conditions provided for by law.
10.2 In accordance with the applicable laws and regulation, the legal guarantee of conformity is applicable to the sale of the Products. The Seller has the obligation to deliver the Products in accordance with the Contract. The Seller is also responsible for hidden defects in the Products sold, subject to the provisions of the applicable laws and regulations.
10.3 According to the provisions of the applicable laws and regulations, the legal guarantee of conformity applies in the event of a defect in the conformity of the Product and provided that the Product has been used in accordance with its intended purpose.
10.4 In the event of a lack of conformity of the Product, the Customer has the right to request the repair or replacement of the Products, at the Customer's choice and without charge in both cases. However, in accordance with the applicable laws and regulations, the Seller may not proceed according to the Customer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In this case, the Seller is obliged to proceed, unless this is impossible, according to the method not chosen by the Customer.
10.5 According to the provisions of the applicable laws and regulations, if repair and replacement of the Product is impossible for the Seller, the Customer may return the good and obtain restitution of the price or keep the good and obtain partial restitution of the price. However, the Contract cannot be terminated if the lack of conformity is minor.
10.6 The legal guarantee of conformity is valid for 2 (two) years from the date of delivery of the Product, save otherwise provided by local laws, in the case may be. The legal warranty of conformity applies independently of any commercial warranty that may have been granted by the Seller.
10.7 The legal warranty against hidden defects applies if a defect in the Product makes it unfit for the use for which it is intended, or if it diminishes this use. For all that is not expressly provided for herein, please refer to the rules provided for in the matter by applicable laws and regulations in force for this effect.
10.8 The Customer should have the right to return the Product and obtain a refund of the price, or to keep the Product and obtain a partial refund of the price.
10.9 The legal guarantee against hidden defects is valid for 2 (two) years from the discovery of the hidden defect, save otherwise provided by local laws, in the case may be.11 APPLICABLE LAWS AND LITIGATION
11.1 The present General T&C are subject to the applicable law of subject to the applicable law and regulations of the Country of residence / domicile of the Customer.
11.2 In case of dispute and prior to any recourse to the Consumer Mediator, the Customer must contact Margiela's Client Care by post or e-mail, as below indicated: in order to try to resolve the dispute amicably:
MARGIELA S.A.S. 12, Place des Etats-Unis 75116, Paris, France
To kind attention of: Client Care
11.3 Notwithstanding the above, if no amicable solution is found or if the Customer wishes to bring the claim or dispute directly before a court without following an amicable resolution process, the Court that will be territorially competent to hear any dispute, unless otherwise provided for by law, which would refer to the imperative jurisdiction of a foreign court, is the one of residence / domicile of the Customer.12 MISCELLANEOUS
12.1 Each provision of these General T&C shall be considered separately and independently of the others. If any provision of these General T&C is held to be void, invalid or unenforceable for any reason, this shall not affect the validity and enforceability of the remaining provisions hereof.
12.2 If the Seller does not require performance of any provision of these General T&C at any time, this shall not be construed as a waiver of the right to invoke that provision at a later date.
12.3 Any event of force majeure within the meaning of the applicable laws shall result in the suspension of the obligations contained in these General T&C that are affected by the event of force majeure, and the party affected by the event of force majeure shall not be held liable for its inability to perform such obligations. It is obliged to inform the other party of such an event within 7 (seven) days of its occurrence.
The General T&C are accepted by the Customer in the version published at the time of the conclusion of the Contract, also in the guarantees included therein. The Seller reserves the right to amend the General T&C from time to time, as well as to take into account changes in regulations. The updated version of the General T&C shall be effective from the date of its publication on the Website and the Customer shall comply with it and with all subsequent amendments and additions. Accordingly, it is the responsibility of the Customer to constantly monitor the Website and to be aware of any changes or additions to these General T&C, as well as any changes or additions to any other provision of the Website governing the relationship between the Customer and the Seller in any way. Any amendment and/or addition to the General T&C, any other provision on the Site governing the relationship between the Customer and the Seller, shall not apply to any order already accepted by the Seller.
Release June 2022