TERMS AND CONDITIONS

The terms and conditions of sale (hereinafter the "Terms and Conditions") apply to any purchase made by an Internet user or a consumer (hereinafter the "CLIENT") on the website www.quasar-shisha.com (hereinafter -after the "WEBSITE") with SAS QUASAR. (hereinafter the “SELLER”), company registered under number 832 463 905, having its registered office at 4, RUE DU MOULIN, 95320 ST LEU LA FORET, FRANCE. email: contact@quasar-shisha.com

Any order placed on the website requires the unconditional acceptance of the CUSTOMER of these terms and conditions of the sale.                          

ARTICLE 1. DEFINITIONS

Below you will find terms and their meanings described in the terms and conditions: 

"CUSTOMER": refers to the SELLER's co-contractor, who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.

"DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated during the order.

"PRODUCTS": refers to all the products available on the website

"TERRITORY": refers to all the countries that deliveries are available in during the ordering process.                        

ARTICLE 2. PURPOSE

These terms and conditions control the sale by the SELLER to his CUSTOMERS of the PRODUCTS.

The CUSTOMER is clearly informed and recognizes that the Website is aimed at individual consumers and that professionals must contact the sales department of the SELLER in order to benefit from separate contractual conditions.                                                                   

ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS

The CUSTOMER agrees to read the terms and conditions carefully and to accept them, before making payment for an order for PRODUCTS placed on the website.

These terms and conditions are referenced at the bottom of each page of the website by means of a link and must be consulted before placing the order. The CUSTOMER is asked to carefully read, download and print the terms and conditions and to keep a copy.

The SELLER advises the CUSTOMER to read the Terms and conditions for each new order, the latest version of the  Conditions applies to any new order of PRODUCTS.

By clicking on the first button to place the order then on the second to confirm the order, the CUSTOMER having read the terms and conditions acknowledges , understands and accepts it.             

ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE

To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity.

The CUSTOMER will be asked to provide information allowing him to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields which must be completed for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. The tracking of DELIVERIES can, if necessary, be carried out using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's customer service at any time through the contact form, in order to obtain information on the status of his order.

The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.                                    

ARTICLE 5. ORDERS

5.1. CHARACTERISTICS OF THE PRODUCTS

The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these terms and conditions).

The CUSTOMER agrees to carefully read this information before placing an order on the website.

Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.                        

5.2. ORDER PROCEDURE

Orders for PRODUCTS are placed directly on the WEBSITE. To place an order, the CLIENT must follow the steps described below (please note that depending on the CLIENT's start page, the steps may differ slightly).

5.2.1. SELECTION OF PRODUCTS AND PURCHASE OPTIONS

The CUSTOMER must select the PRODUCT (s) of his choice by clicking on the PRODUCT (s) concerned and searching for the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT's basket. The latter can then add as many PRODUCTS as he wishes to his basket.                                                                 

5.2.2. ORDERS

Once the PRODUCTS have been selected and placed in his basket, the CUSTOMER must click on the basket and check that the content of his order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or to register.

Once the CUSTOMER has validated the contents of the basket and identified / registered, an online form is automatically completed, summarizing the price, applicable taxes and, if applicable, the costs of delivery.

The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.

The CUSTOMER can then proceed to payment for the PRODUCTS by following the instructions on the WEBSITE and provide all the information necessary for invoicing and DELIVERY of PRODUCTS. Regarding the PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order.

The CUSTOMER must also select the chosen delivery method.                                                      

5.2.3. ACKNOWLEDGMENT OF RECEIPT

Once all the steps described above are completed, a page appears on the WEBSITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct. .

The SELLER does not send any order confirmation by post or fax.

5.2.4. BILLING

During the ordering procedure, the CUSTOMER must enter the information necessary for invoicing (the sign (*) indicates the compulsory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).

In particular, the CUSTOMER must clearly indicate all the information relating to the DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address.

The CUSTOMER must then specify the means of payment chosen.

Neither the order form that the CUSTOMER established online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constituting an invoice. Whatever the method of order or payment used, the CUSTOMER collects the original of the invoice upon DELIVERY of the PRODUCTS, inside the package.

5.3. DATE OF THE ORDER

The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the WEBSITE do not begin to run until this date.

5.4. PRICE

For all PRODUCTS, the CUSTOMER will find on the WEBSITE the prices displayed in euros inclusive of taxes. as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or chosen mode of transport).

The prices include the value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.

The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.

The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the WEBSITE may change. They can also be modified in the event of special offers or sales.

The prices indicated are valid, except for gross error. The applicable price is that indicated on the WEBSITE on the date on which the order is placed by the CUSTOMER.                                       

5.5. AVAILABILITY OF PRODUCTS

The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS must also be informed of the restocking of a PRODUCT by the SELLER.

In any event, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.

The SELLER can, at the request of the CUSTOMER:

Either offer to ship all the PRODUCTS at the same time as soon as the PRODUCTS out of stock are available again,

Either proceed with a partial shipment of the PRODUCTS available first, then the shipment of the rest of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred,

Either offer an alternative PRODUCT of equivalent quality and price, accepted by the client.

If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for unavailable PRODUCTS within thirty (30) days of payment at the latest.

ARTICLE 6. RIGHT OF WITHDRAWAL

The right of withdrawal is only valid if the product has not been used.                                      

ARTICLE 6. RIGHT OF WITHDRAWAL

The right of withdrawal is only valid if the product has not been used.

6.1. WITHDRAWAL PRINCIPLE

The CUSTOMER has in principle the right to return or return the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of his decision to withdraw, except if the SELLER offers to collect the PRODUCT himself.

6.2. WITHDRAWAL PERIOD

The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.

In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order of the same PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) days calendar after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.

6.3. NOTIFICATION OF THE RIGHT OF WITHDRAWAL

To exercise his right of withdrawal, the CUSTOMER must make his request via the details he used when signing up to make the order. You must be logged in to your account to access it.

The CUSTOMER may also notify its decision to terminate this contract by an unambiguous declaration to: QUASAR SAS, 4 RUE DU MOULIN, 95320 ST LEU LA FORET.

In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

6.4. EFFECTS OF WITHDRAWAL

In the event of withdrawal from the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs without excessive delay and, in any event, no later than fourteen (14) days from the day on which the SELLER is informed of the desire of the CUSTOMER To retract.

The SELLER will proceed with the refund using the same means of payment as the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly accepts a different means, in any event, this refund will not result in costs. to the client.

The SELLER may defer the refund until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date chosen being the date of the first of these facts.

6.5. RETURN CONDITIONS

The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communication of his decision to terminate this contract, return the goods to: SAS QUASAR 4, RUE DU MOULIN, 95320 ST LEU THE FOREST .

This period is deemed to have been met if the CUSTOMER returns the goods before the expiry of the fourteen day period.

6.6. RETURN FEES

The CUSTOMER must bear the direct costs of returning the goods.                                                 

6.7. STATE OF THE RETURNED GOODS

The PRODUCT must be returned following the SELLER's instructions and include in particular all the accessories delivered.

6.8. EXCLUSIONS FROM THE RIGHT OF WITHDRAWAL

The right of withdrawal is excluded in the following cases:

- Supply of goods or services whose price depends on fluctuations in the financial market

- Supply of goods made according to the CUSTOMER's specifications or clearly personalized

- Supply of goods likely to deteriorate or expire quickly

- Supply of audio or video recordings or sealed software that have been unsealed after delivery

- Newspaper, periodical, magazine (except subscription contract)

- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of execution

- Supply of goods which by their nature are inseparably mixed with other items

- Supplies of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY

- the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and the actual value of which depends on fluctuations in the market beyond the control of the SELLER

- Supply of digital content not supplied dematerialized if the execution has started with the express prior consent of the consumer, who has also acknowledged that he will thus lose his right of withdrawal

- contracts concluded during a public auction.      

ARTICLE 7. PAYMENT

7.1. MEANS OF PAYMENT

The CUSTOMER can pay for his PRODUCTS online on the SITE according to the means offered by the SELLER.

The CUSTOMER guarantees the SELLER that he holds all the authorizations required to use the chosen means of payment.

The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.

As such, it is specified that all payment information provided on the WEBSITE is transmitted to the WEBSITE bank and is not processed on the WEBSITE.

7.2. PAYMENT DATE

In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the PRODUCTS order is placed on the SITE.

In the event of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these terms and conditions .

7.3. DELAY OR REFUSAL OF PAYMENT

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.

In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CLIENT proves impossible, the order will be canceled and the sale automatically terminated.                  ARTICLE 8. PROOF AND ARCHIVING

Any contract concluded with the CUSTOMER corresponding to an order for an amount exceeding 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.

The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.

In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

ARTICLE 9. TRANSFER OF OWNERSHIP

The SELLER remains the owner of the PRODUCTS delivered until full payment by the CUSTOMER.

The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risk of loss or damage of the PRODUCTS subject to the reservation. property, as well as the risk of damage they may cause.                                           

ARTICLE 10. DELIVERY

10.1. DELIVERY ZONE

The PRODUCTS offered can only be delivered in the TERRITORY.

It is impossible to place an order for any delivery address located outside this TERRITORY.

The PRODUCTS are shipped to the delivery address (es) that the CUSTOMER will have indicated during the ordering process.

10.2. DELIVERY TIME

The deadlines for preparing an order and then establishing the invoice, before shipping the PRODUCTS in stock are mentioned on the WEBSITE. These deadlines are understood to be excluding weekends or public holidays.

An email message will automatically be sent to the CUSTOMER when the PRODUCTS are shipped, provided that the email address in the registration form is correct.

10.3. DELIVERY TIME & COSTS

During the ordering process, the SELLER indicates to the CUSTOMER the possible shipping times and formulas for the PRODUCTS purchased.

Shipping costs are calculated based on the delivery method. The amount of these costs will be payable by the CUSTOMER in addition to the price of the PRODUCTS purchased.

Details of delivery times and costs are detailed on the website.

10.4. DELIVERY TERMS

The package will be delivered to the CUSTOMER against signature and on presentation of an identity document.

In case of absence, a calling card will be left with the CUSTOMER, in order to allow him to pick up his parcel in his post office.

10.5. DELIVERY PROBLEMS

The CUSTOMER is informed of the delivery date set when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.

It is specified that deliveries will be made within thirty (30) days maximum. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable period of time and in the event of non-delivery within this period, he may terminate the contract.

The SELLER will reimburse, without undue delay from receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, by means of the same method of payment as that used by the CUSTOMER to purchase products.

The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss observed during delivery.                      

ARTICLE 11. PACKAGING

The PRODUCTS will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when they return PRODUCTS under the conditions set out in Article 6 - Right of withdrawal.

ARTICLE 12. GUARANTEES

12.1. QUASAR WARRANTY

QUASAR products are guaranteed for a period of three (3) months from the date of purchase. The warranty covers material and manufacturing defects.

The warranty does not cover damage resulting from improper use, accident, normal wear and tear or damage caused by water or fire.

The costs of sending to the workshop are the responsibility of the customer. For any return of your order, you must make a request for support through the withdrawal form.

12.2. CONFORMITY GUARANTEE

Article L.211-4 of the Consumer Code: “The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility. "

Article L.211-5 of the Consumer Code: To comply with the contract, the good must: 1 ° Be suitable for the use usually expected of a similar good and, where applicable:

- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular 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 buyer, brought to the attention of the seller and which the latter has accepted.

The SELLER is required to deliver a compliant PRODUCT, that is to say suitable for the expected use of a similar good and corresponding to the description given on the website. This compliance also assumes that the PRODUCT has the qualities that a buyer can legitimately expect having regard to the public statements made by the SELLER, including in advertisements and on labeling.

In this context, the SELLER is liable to respond to any lack of conformity existing at the time of delivery and any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him or was carried out under his responsibility.

The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the Consumer Code)

In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his option. However, if the cost of the CLIENT's choice is manifestly disproportionate with regard to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the chosen option. by the customer.

In the event that replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address SAS QUASAR 4 , RUE DU MOULIN, 95320 ST LEU LA FORET.

Finally, the CUSTOMER is exempt from providing proof of the existence of the lack of conformity of the PRODUCT during the six (6) months following delivery of the goods.

It is specified that this legal guarantee of conformity applies regardless of the commercial guarantee granted, if any, on the PRODUCTS.

12.3. GUARANTEE OF HIDDEN DEFECTS

The SELLER is bound by the guarantee for hidden defects in the PRODUCT sold which make it unfit for the use for which it is intended, or which reduce this use so much that the CUSTOMER would not have acquired it, or would not have given it. than a lower price, if he had known them. (Article 1641 of the Civil Code)

This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of part of its price, if the PRODUCT is not returned.

In the event that replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address SAS QUASAR 4 , RUE DU MOULIN, 95320 ST LEU LA FORET. The action resulting from fatal defects must be brought by the CUSTOMER within two (2) years of discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code).     

ARTICLE 13. RESPONSIBILITY

The responsibility of the SELLER can in no case be engaged in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular when entering his order.

The SELLER cannot be held responsible, or considered to have failed in the present conditions, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by case law. French courts and tribunals.

It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for informational purposes only and no warranty is given as to their content.

ARTICLE 14. PERSONAL DATA

The SELLER collects personal data about its Customers on the SITE, including through cookies. CUSTOMERS can deactivate cookies by following the instructions provided by their browser.

The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze the orders and, if the CLIENT has chosen this option, send him commercial prospecting letters, newsletters, offers. promotional and / or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.

The CUSTOMER's data are kept confidentially by the SELLER in accordance with his declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.

CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.

The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of his CUSTOMERS to his business partners, provided that they have given their prior consent when registering on the SITE.

The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time on the SITE or by contacting the SELLER.

The SELLER can also ask his CUSTOMERS if they wish to receive commercial solicitations from his partners.

In accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the CUSTOMER has the right to access, rectify, oppose (for legitimate reasons) and delete of his personal data. He can exercise this right by sending an email to the address: contact@quasar-shisha.com or by sending a letter to SAS QUASAR 4, RUE DU MOULIN, 95320 ST LEU LA FORET.

It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.    

ARTICLE 15. CLAIMS

Any written complaint from the CUSTOMER should be sent to the following address: SAS QUASAR 4, RUE DU MOULIN, 95320 ST LEU LA FORET.

ARTICLE 16. INTELLECTUAL PROPERTY

All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and / or patent law.

These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the Website must request the SELLER's authorization in writing.

This authorization of the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the Website which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.

ARTICLE 17. VALIDITY OF GENERAL CONDITIONS

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these terms and conditions shall not affect the validity of these conditions. Such a modification or decision does not in any way authorize CUSTOMERS to disregard these Terms and conditions.

Any conditions not expressly addressed herein will be governed in accordance with the usage of the retail sector, for companies headquartered in France.

ARTICLE 18. MODIFICATION OF THE GENERAL CONDITIONS

These terms and conditions apply to all purchases made online on the SITE, as long as the SITE is available online.

The Terms and conditions are dated precisely and may be modified and updated by the SELLER at any time. The applicable Terms and conditions are those in force at the time of the order.

Changes to the Terms and conditions will not apply to PRODUCTS already purchased.                

ARTICLE 19. JURISDICTION AND APPLICABLE LAW

These Terms and conditions as well as the relations between the CUSTOMER and the SELLER are governed by French law. In the event of a dispute, only the French courts will be competent.

However, prior to any recourse to the arbitral or state judge, priority will be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including relating to its validity.

The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If after a period of fifteen (15) days, the parties fail to come to an agreement, the dispute will be submitted to the competent court designated below.

Throughout the negotiation process and until its conclusion, the parties refrain from taking any legal action against each other and for the conflict being negotiated. As an exception, the parties are authorized to apply to the summary jurisdiction or to request the issuance of an order upon request. Any action before the summary court or the implementation of a procedure on request does not entail on the part of the parties any waiver of the amicable settlement clause, unless expressly agreed otherwise.


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