TERMS AND CONDITIONS OF SALE

Welcome to the Sosol and Sea online costume jewelry store.

Before making a purchase, please read the general terms and conditions of sale (hereinafter referred to as “the GTCS”) carefully. By accessing the www.sosolandsea.com website (hereinafter referred to as “the Site”), you are deemed to have read and accepted our GTCS.

 

  1. DESCRIPTION

 

1.1 The GTC define the rights and obligations of the parties in the context of the sale of products/services (hereinafter the “products/goods/services”), in Belgium and abroad, with respect to any buyer, Belgian or foreign. The GCS apply to all sales, whether online or offline, and whether the buyer is acting for professional or non-professional purposes. Our legal notice www.sosolandsea.com and conditions of use www.sosolandsea.com of the Site form an integral part thereof.

 

1.2. The GTC are concluded between, on the one hand, Sosol and Sea Solange Lecomte 1 boîte 7 rue de Fontenelle 6440 Boussu-Lez-Walcourt Belgium , info@sosolandsea.com, +32 476 85 19 78 TVA/EORI: BE0871.055.842, hereinafter referred to as the “seller” and, on the other hand, the person placing an order, hereinafter referred to as the “buyer”. The buyer and the seller are hereinafter jointly referred to as the “parties”.

 

1.3 By accessing the Site or ordering a product on the Site or in any other way, the purchaser is deemed to have read and accepted without reservation the GTCS, as well as the legal notices and conditions of use of the Site. The buyer acknowledges that the Site’s online ordering process and the GTC satisfy the requirement of Article XII.15 et seq. of the Code of Economic Law as well as Articles 3.10 and 3.12 of European Regulation EU 910/2014 of July 23, 2014 and Articles 8.1 and 8.12 of Section 8 of the Belgian Civil Code. He therefore undertakes not to contest their evidential value due to their electronic medium and acknowledges their enforceability between parties.

 

1.4 The purchaser declares that he/she has full legal capacity to bind himself/herself to the seller.

 

  1. THE CUSTOMER

 

The customer of the Site must be a legally capable consumer or professional. When placing a first order on the Site, the customer must open a customer account and fill in an order form specifying certain mandatory fields so that the product order can be processed by Sosol and Sea.

The information provided to Sosol and Sea when opening a customer account or when placing an order must be complete, accurate and up-to-date. Sosol and Sea may, if necessary, ask the customer to confirm, by any means, this information and his/her identity.

In view of the commercial policy described above, Sosol and Sea reserves the right not to accept orders from anyone who does not meet the criteria specified in its GTCS.

 

  1. PRODUCTS/SERVICES ON SALE

 

The products/services offered for sale are those which appear on the Site, with a description of their essential characteristics, on the day and at the time of consultation of the Site by the purchaser, and within the limit of available stocks.

Sosolandsea.com sells only top-quality products. Producers and suppliers are carefully selected for their rigorous quality controls.

The products on the sosolandsea.com website are described as accurately as possible. We try to provide as much information as possible, both textually and visually, however a minimum of details may change, especially for creations specific to the Sosol and Sea brand. These may vary in color, size or other detail.

The images and colors of the products offered for sale on sosolandsea.com may not correspond to the actual colors due to the effect of the Internet browser and the screen used.

Sosol and Sea makes every reasonable effort to display the availability of products/services in real time on the site, but cannot be held responsible if a product is no longer available to fulfill the order. In the event of unavailability of one of the products/services ordered, the purchaser will be informed, and will have the option of either modifying his/her order or cancelling it, in which case he/she will be reimbursed for the amount of his/her order if he/she has already paid for it.

The purchaser remains solely responsible for the use of the products, of which he acknowledges that the conditions of use are known to him. The purchaser undertakes to use the products in a normal, reasonable and responsible manner.

Finally, the purchaser declares that he/she has been informed and accepts that variations in the color of dyed stones are not a defect, as they are dyed by hand; similarly, the purchaser undertakes to protect the products from light when they are not being worn. The same applies to color variations and traces of darker fibers in resin-coated and non-resin-coated papers, which are handmade and handcrafted.

 

  1. SELLING PRICE OF POSTER PRODUCTS/SERVICES

 

4.1 The price of each product is displayed on the site in euros and includes VAT (for consumers) and excludes VAT (for professionals). This price is valid in the countries for which delivery is possible, and does not include preparation and delivery costs, also payable by the purchaser, nor the deduction of any discount or voucher granted to the purchaser. As an exception, delivery costs are borne by the seller for all orders over 200 euros excluding VAT.

The seller reserves the right to modify its prices at any time, but the products/services will be invoiced on the basis of the purchase price in effect at the time the order is placed.

 

4.2 When placing an order, the purchaser undertakes to pay, in addition to the purchase price of the products/services ordered, the charges referred to in article 7.1 . These charges vary according to the type and quantity of products/services ordered, and the delivery method chosen, and are inclusive of VAT. The purchaser may consult the amount of these charges on the site by consulting his “Shopping Cart”, where a calculation of the total amount corresponding to the purchase price of the products/services and the charges is displayed. The seller reserves the right to modify the amount of the charges at any time, but the charges will be invoiced on the basis of the rates in force at the time of the order. These charges remain due and will not be reimbursed if the buyer returns all or part of the order by virtue of his right of withdrawal.

 

4.3 Products/services are only available in countries for which the Site authorizes delivery. Any incorrect delivery address is the responsibility of the purchaser and may give rise to additional charges. The delivery times indicated are not binding, but are given purely as an indication, and may not exceed the times defined in article 7.3 of the GCS. No delay in delivery may give rise to the payment of damages to the buyer, except in the case of fraud or gross negligence on the part of the seller. The seller is entitled to make partial deliveries. In the event of non-delivery of goods, any sums paid by the purchaser will be reimbursed without interest or compensation.

 

  1. HOW TO ORDER

 

5.1 To place an order, the purchaser must fill in the order form provided on the Site (or via the pro order form), on which he/she must include the information required for identification, and in particular his/her surname, first name and delivery address. In so doing, the purchaser declares that he/she fully accepts, without reservation, the entirety of these General Terms and Conditions of Sale, and undertakes to pay the total amount due in full. The seller cannot be held responsible for the consequences of providing incorrect information.

 

5.2 Clicking on “ Confirm your order ” means that you have read and accepted the general terms and conditions and that you are confirming your order, which is firm and definitive. No cancellation or modification of an order is possible, except with the prior agreement of the seller, and no refund will be made except under the restrictive conditions of the present terms and conditions.

 

 

5.3 The seller will confirm each order by sending an e-mail mentioning in particular :

 

1° the main characteristics of the goods or services ordered ;

 

2° the seller’s identity and trade name ;

 

3° the seller’s geographical address, telephone number and e-mail address;

 

4° the total price of the goods or services, including all taxes and any additional transportation, delivery and other costs;

 

5° the terms of payment, delivery and performance and the date on which the company undertakes to deliver the goods or perform the services;

 

6° the company’s procedures for handling complaints;

 

7° the conditions, period and procedures for exercising the right of withdrawal;

 

8° the conditions under which the consumer will not benefit from the right of withdrawal, as set out in art. 8 of the GCS;

 

9° the existence of a two-year guarantee of conformity (one year in the case of second-hand products), as provided for by articles 1649bis to 1649octies of the French Civil Code, and a guarantee against hidden defects, as provided for by articles 1641 to 1649 of the French Civil Code, and by art. 10 of the GTS; by exception, the guarantee period is reduced to 6 months for all sales to professionals.

 

The data recorded by the seller, as well as the order confirmation, will constitute proof of the contractual relations between the parties.

5.4 The seller reserves the right to refuse or cancel any order or delivery in the event of an existing dispute with the buyer, total or partial non-payment of a previous order, refusal to authorize payment by credit card by banking organizations or for any other valid reason. In such cases, the seller cannot be held liable under any circumstances.

The parties further agree that the seller has the right to refuse or not execute an order, in whole or in part, in the event that the buyer should communicate incorrect information, in violation of art. 2 of the GTC, or the unavailability of the goods ordered, or in the event of force majeure (art. 4 and 5.5. of the GTC).

 

5.5. In the event of force majeure, it is agreed that the obligations of each party will be suspended until the event giving rise to the force majeure has ceased to exist. Cases of force majeure include war, epidemics, supplier failure, cyber-attack and any other unforeseeable event likely to make it impossible for the parties to perform their obligations. Should the case of force majeure persist for more than 45 days, it is agreed that the sales contract will be terminated ipso jure and without compensation.

 

  1. PAYMENT TERMS

 

6.1 For credit card payments, the customer must be the holder of the credit card used. The customer accesses a dedicated area provided by a banking institution, which ensures the security and registration of the payment order.

In the event that, for any reason whatsoever (opposition, refusal of the issuing center, etc.), it proves impossible to debit the sums due by the customer, the order will not be recorded by Sosol and Sea.

 

Unless the server is unavailable, payment will be made immediately over the Internet by credit card (Maestro, Blue, Visa, Eurocard/Mastercard), by Paypal or by bank transfer.

Or by bank transfer.

 

To ensure payment security, the sosolandsea.com website uses the Stripe secure payment service.

Stripe uses 3D Secure 2 to authenticate customers using a unique code or biometric identity, depending on their bank’s requirements.

 

If you choose to pay by bank transfer, the transfer must be made within 48 hours to the following account: BE34 3701 1173 4690, unless the seller requires payment prior to dispatch of the order. If payment has not been received within 8 days of order confirmation, we reserve the right to cancel the order.

 

6.2 The products ordered remain the property of the seller until full payment of the purchase price and the costs indicated when the order was placed.

 

6.3 : In the event of non-payment of any invoice on the due date indicated on the invoice, the purchaser shall owe the seller, after the expiry of a period of 15 days from the due date of the invoice and subject to formal notice, interest in an amount equal to the conventional rate of 12%, in the case of sales to consumer purchasers, or to the rate mentioned in article 5 of the law of August 2, 2002 concerning the fight against late payment in commercial transactions, in the case of sales to companies.

Any invoice not paid on its due date will automatically and without formal notice result in the payment of a fixed indemnity of 15% of the principal sum by way of damages, with a minimum of 60 euros as a conventional, fixed and irreducible penalty clause.

In the event of legal collection of any invoice from a purchaser acting for business purposes, the purchaser will also be liable for reasonable collection costs, such as legal fees and internal management costs exceeding the amount of this fixed indemnity.

If, for any reason whatsoever, the purchaser fails to meet a single payment deadline, all subsequent payments will be made when the order is placed.

In addition, the seller reserves the right in such cases to suspend the performance of its obligations and all business relations with the debtor at least until full payment has been made.

 

  1. DELIVERY

 

The customer is solely responsible for any failure to deliver due to a lack of information when placing the order.

7.1 All taxes and import duties are at the buyer’s expense.

 

7.2 For all sales within Belgium, the order is delivered to the address indicated by the purchaser. For all sales outside Belgium, the order is deemed to have been delivered EXW (Incoterms 2022), to the seller’s head office at 1 boîte 7 rue de Fontenelle 6440 Boussu-Lez-Walcourt or warehouse, unless the seller agrees otherwise, at the buyer’s expense and risk, to organize transport.

 

7.3 For deliveries in Belgium, the seller will do its utmost to ensure that the order is dispatched to the delivery address within thirty working days (see delivery days of the deliverer) following validation of the order and receipt of payment. The buyer is responsible for any failure to deliver in the event of an incorrect or incomplete address. The deliveryman will arrive at this address on working days (see deliveryman’s delivery days), and will hand over the parcel(s) to the recipient or to any other person present at the address indicated. In the event of absence, a notice will be left at the delivery address. It will then be up to the purchaser to contact the deliveryman to arrange either a new delivery date at the same address, or a new delivery date at a new address, or collection at the nearest Post Office, within 10 working days (see deliveryman’s delivery days) from the date of the notice left by the deliveryman. Failing this, or if the buyer is absent at the time of the new delivery, the order will automatically be returned to the seller, who will contact the buyer to schedule a new delivery of the order. In this case, additional delivery charges may be invoiced to the buyer.

 

7.4 For orders to be delivered outside Belgium, the seller will make every effort to ensure that the order is delivered within 45 days for the European Union and 60 days for countries outside the European Union, following validation of the order. For deliveries outside Belgium, delivery terms will depend on the shipping method chosen by the buyer and the postal services of the country concerned.

7.5 The transfer of risk to the purchaser occurs when the products ordered are placed at the disposal of the carrier, except for orders for which transport is provided by the seller in accordance with article 7.2. Proof of delivery will be provided by the control system used by the carrier.

 

7.6 It is the purchaser’s responsibility to check the conformity of the goods delivered on delivery and to make any reservations or claims that appear justified, or even to refuse the parcel if it is likely to have been opened or if it bears obvious signs of deterioration. If there are any complaints following receipt of the order, it is essential to send an e-mail to info@sosolandsea.com, subject “Delivery complaint”, with supporting photos, within 48 hours of receipt of the order.

 

  1. RIGHT OF WITHDRAWAL AND TERMS OF RETURN

 

8.1 The consumer purchaser has a period of fourteen (14) calendar days, from the day following the day of delivery, to cancel his purchase, without penalty and without giving reasons, in accordance with the Belgian Code of Economic Law.

The buyer for professional purposes does not benefit from any right of withdrawal, except with the prior and express agreement of the seller.

Within the withdrawal period, the buyer must notify the seller of his intention to make use of his right of withdrawal, as follows:

 

– Send an e-mail to info@sosolandsea.com Notify buyer’s first and last name – Give a detailed description of the item(s) concerned, with reference to the number and date of the invoice issued

 

or

 

– complete the form available on the SPF Economie website https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf

 

8.2 Returns to the seller will be made to the address indicated on the parcel, unless otherwise instructed by the buyer, who must retain proof of shipment.

 

8.3 If the buyer wishes an exchange instead of a refund, he/she must specify this in the e-mail and the seller will inform him/her, in addition to the availability of the item, of the supplement to be paid or the partial refund if applicable.

 

8.4 All costs and risks associated with the shipment of returned items shall be borne by the purchaser.

 

8.5 In the event of the buyer exercising his right of withdrawal and returning the products no later than fourteen (14) days following communication of his decision to withdraw in accordance with the terms agreed in the preceding paragraphs, the seller undertakes to refund the purchase price to the buyer upon receipt of the products by the seller.

 

8.6 In the event of a refund for returned products/services, the Vendor will credit the credit card used to pay for the said products with an amount equivalent to the purchase price thereof, less the amount of any vouchers or discounts used at the time of the order, as well as any shipping costs borne by the Vendor. The buyer will be reimbursed in accordance with the terms and conditions agreed with the bank that issued the card. In the event of bank charges or any other charges relating to the transaction, the Vendor reserves the right to deduct them from the amount of the refund.

 

8.7 The purchaser will not be able to make use of his right of withdrawal if the products delivered have been used, damaged, have missing parts, or if the labels have been removed.

 

The product must not have been worn, used, modified, washed or damaged.

 

8.8 Products must be returned properly protected, in their original packaging, in perfect condition for resale, accompanied by any accessories, instructions for use, etc., if applicable. Failing this, they cannot be returned or exchanged.

 

8.9 Custom-made or personalized products/services cannot be returned or exchanged under any circumstances.

 

8.10 Products which are returned but cannot be accepted by the seller will be held for the buyer at the seller’s premises. The purchaser remains obliged to pay the price. In the event of abnormal or abusive returns, the seller reserves the right to refuse a subsequent order.

 

  1. PRIVACY PROTECTION WITH REGARD TO BUYERS’ PERSONAL DATA

 

9.1 The seller collects personal data concerning the purchasers, which are communicated to him on the site or by e-mail. He undertakes not to divulge this data to third parties. This data is confidential. It will only be used by its internal departments to process orders, and for marketing purposes in order to reinforce and personalize communication, in particular by means of information letters/e-mails, as well as in the context of personalizing the site according to the preferences of the purchasers, or for monitoring overdue payments.

 

9.2 The seller therefore does not sell, market or rent information concerning purchasers to third parties. In the event of transfer or use of personal data by third parties, the seller undertakes to inform the purchaser beforehand and to allow him to exercise his right of opposition. The seller may also provide statistics relating to its buyers, sales, trading patterns and site information to third parties, but these statistics will not contain any personal data. The present article shall not prevent the assignment or transfer of activities to a third party.

 

9.3 The seller will only store personal data for as long as is necessary to achieve the specific purposes for which it is processed in accordance with and within the limits of the GTC. In determining the appropriate period, account is taken of the quantity, nature and sensitivity of the personal data, the purposes for which it is processed and the possibility of achieving these purposes by other means. Account is also taken of the need to comply with legal and regulatory obligations. When data is no longer required, it is destroyed.

 

9.4 Provided that the legal requirements are met, the purchaser has the right :

 

  • To request information as to whether the seller holds personal information and, if so, what that information is and for what purposes it is processed;
  • Access and, if necessary, rectify personal data;
  • To obtain the deletion of this data or the limitation of its processing, which allows ;
  • File a complaint with the Data Protection Authority.

 

The buyer may exercise the rights mentioned above by means of a dated and signed request accompanied, for security reasons, by a copy of his/her identity card. The request may be sent to the seller by post to the address … and by e-mail to ….. If the request is manifestly unfounded, access may be refused and a reasonable fee may be charged.

 

  1. GUARANTEE OF CONFORMITY

10.1 The seller warrants the products supplied against hidden defects exclusively for a period of 12 months from delivery. This warranty is granted without prejudice to article 11 of the GTCS and is subject to the following conditions.

To invoke the benefit of the warranty :

  • The purchaser must notify the seller of any claim relating to hidden defects by registered letter as soon as they appear and, at the latest, within 7 calendar days of discovery of the defect;
  • The defect must be notified by e-mail to info@sosolandsea.com.

The guarantee is also excluded:

  • For products sold as part of the restocking of the previous collection, except during a period of 3 months from delivery and unless otherwise agreed by the seller;
  • For apparent defects which have not been notified to the seller in accordance with article 7.6;
  • For minor hidden defects, including variations in color or shade as per article 3 of the GTCS ;
  • For apparent or hidden defects caused by normal wear and tear, poor maintenance or abnormal use of the products by the purchaser or use that does not comply with the GTCS, or in the event of force majeure.

The warranty is reduced to 6 months for sales to professionals.

10.2. In all cases, the seller is only obliged to provide a replacement for the non-conforming product, to the exclusion of any compensation for any reason whatsoever, and in particular that relating to the costs caused by the replacement, any losses, prejudice and loss of earnings relating thereto. Under no circumstances will delivered products be refunded.

10.3 Any legal action for latent defects must be brought by the purchaser within 30 days of discovery of the defects by the purchaser or from the date of failure to reach an amicable settlement.

 

10.4. The purchaser acting for non-professional purposes benefits from legal rights under the law of September 1, 2004 relating to consumer protection in the event of the sale of consumer goods. The present warranty as defined by art. 10 of the GTCS applies without prejudice to these rights.

 

  1. Limitation of liability

 

11.1. The seller declines all responsibility in the event of damage caused to the purchaser or to persons for whom he is civilly responsible or to any third party to whom he has assigned or entrusted the product, to their property or to the person of the purchaser, or to the property or person of any third party, arising from the use of the product sold by the seller.

11.2 In the event of culpable non-performance of the GTC, the contractual liability of the seller is limited to direct and foreseeable damage, insofar as this can be proven by the customer. All other liability of the seller is excluded to the extent permitted by law.

In particular, the seller shall in no event be liable for indirect damages such as economic and financial losses, loss of expected profits or savings, loss of clientele, image, data or opportunities.

11.3. In all cases, the seller’s contractual or extra-contractual liability is limited to a maximum amount equivalent to the value of the order. It is agreed that the seller cannot be held liable if the buyer fails to inform the seller, in writing, of the existence of the damage, its extent and possible causes within 30 days of the occurrence of the damage.

11.4. The purchaser declares that he/she has been informed and agrees that access to and use of the Site is under his/her sole responsibility and at his/her own risk. The seller declines all responsibility for the use of the Site by the buyer, for the direct and indirect consequences of its use and, consequently, for any damage, direct or indirect, caused to the buyer, his equipment or to third parties as a result of access and/or use of the Site.

11.5 The seller cannot, under any circumstances, be held responsible for – and the consequences of – the accuracy or inaccuracy of data, documents, analyses and information provided by the buyer.

11.6 The seller declines all responsibility in the event of temporary unavailability of the Site, for any reason whatsoever and in particular when this unavailability is due to :

– maintenance of the Site by the seller or any third party appointed by the seller for this purpose;

– abnormal use of the Site or use of the Site in breach of the GTCS by the Customer;

– a malfunction, restriction or shutdown, for any reason whatsoever, of any component of the buyer’s IT or communications infrastructure, including a failure or restriction or suspension or withdrawal of telecommunications services, for any reason whatsoever;

– to any act of a third party.

 

  1. INTELLECTUAL PROPERTY

 

The buyer acknowledges that the Sosol and Sea Products and the distinctive signs of the seller (trademarks, designs, copyrights, as well as all rights relating to images, logos, photographs, packaging, displays, product names, etc.) are the exclusive property of Sosol and Sea.

The GTCS do not imply any transfer or concession of any intellectual rights or know-how of the seller to the buyer.

The purchaser agrees not to reproduce or use, directly or indirectly, any product models, packaging, trademarks or distinctive signs, inventions, techniques or know-how used by Sosol and Sea, or to appropriate any of these elements, whether or not they are protected by Sosol and Sea through a patent, trademark, registered design or copyright. Likewise, the purchaser shall refrain from any act that might call into question the validity of the seller’s intellectual property rights.

 

Finally, the customer agrees not to modify the brand’s products for commercial purposes.

 

  1. CONTACT THE SELLER

 

The buyer may contact the seller by means of the contact form available in the “Contact” section or by means of the e-mail address info@sosolandsea.com.

 

  1. GOOD FAITH.

Seller and Buyer will cooperate in good faith and proactively in the performance of the Contract. They will communicate to each other all information useful to its proper performance.

  1. FOUR CORNER CLAUSE – Entire Contract.

 

The GCS contain the entire agreement of the Parties concerning their rights and obligations, to the exclusion of any other document. The Site’s legal notices and “GTU” form an integral part of them. They cancel and replace any other agreement having the same object, including any general conditions of purchase of the buyer.

 

  1. MOTIVATION – THE SALESPERSON

 

reserves the right to modify these GTC at any time without prior notice. These modifications are enforceable against the purchaser from the date of their posting on the Site, which alone is authentic. Thus, in the event of modifications to the GCS, each sale will be governed by the GCS as modified at the date of entry into force on the day of their publication on the Site.

  1. NON-WAIVER

 

The fact that one of the parties does not avail itself of a breach by the other party of any of its obligations shall not be construed as a waiver of the obligation in question for the future.

 

  1. INVALIDITY AND COMPLETENESS

 

If any clause of the GCS is declared null and void in application of a law, regulation or following a final decision by a competent court, it will be deemed unwritten, the other clauses nevertheless retaining all their effects and scope.

The parties may, by mutual agreement, agree to replace the invalidated clause(s) by means of a rider; they undertake to replace the invalidated clause(s) with another provision that will enable the parties to meet their initial common objectives.

 

  1. PROOF

 

Seller and Buyer agree that electronic documents exchanged in connection with the formation or execution of the GTC shall have the same evidentiary value as if such documents had been communicated on paper. They acknowledge that the GTC satisfy the requirement of Article XII.15 et seq. of the Code of Economic Law as well as Articles 3.10 and 3.12 of European Regulation EU 910/2014 of July 23, 2014 and Articles 8.1 and 8.12 of Section 8 of the Belgian Civil Code. The parties therefore undertake not to contest their evidential value by virtue of their electronic medium. Validation of the order form as part of the online ordering process available on the Site constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and is proof of the completeness of the order and of the payability of the sums due in execution of the order. The computerized registers, kept in the computer systems of the seller and its partners, and the validation of the order form as part of the online Site order process, will also be considered as proof of the communications, orders and payments that have taken place between the parties. Within the framework of their relations, the parties accept the principle of electronic proof (e.g. e-mail, backups, etc.).

Consequently, the parties waive their right to contest the Evidentiary Value of any electronic document that does not meet the conditions for an advanced electronic signature within the meaning of art. 26 of European Regulation EU 910/2014 of July 23, 2014.

 

  1. APPLICABLE LAW AND COMPETENT COURTS

 

The GTC are governed by Belgian law. In the event of any dispute relating to the formation, interpretation or execution of the GTC, in the same way as any dispute relating to a product sold by the seller, including all disputes of an extra-contractual nature :

  • An amicable solution will be sought before any legal action is taken, within 30 days of the date on which the dispute arose.
  • In the event of failure to reach an amicable settlement within the aforementioned 30-day period, the dispute will be referred, on the initiative of the most diligent party, to the Tribunal de l’Entreprise de Liège, Liège division, which the parties designate as having exclusive jurisdiction.