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TERMS AND CONDITIONS OF SALE FOR THE VENTE-PRIVEE.COM WEBSITE (13/06/2014)


Clause 1 - Company

vente-privee.com is a limited company. Its head office is based at 249 avenue du Président Wilson, LA PLAINE SAINT DENIS (93210), in France, and entered upon the French Commercial and Companies Register of Bobigny number 434 317 293, SIREN No.: 434 317 293 000 18, NAF 4791B, VAT No.: FR70 434 317 293 and GB 922 9121 39.
Director of Publication: Jacques-Antoine GRANJON
Hosted by: ECRITEL, 3 rue de Pondichéry - 75015 PARIS, France - Telephone No.: +33(0)1 40 61 20 00

We'd like to remind you that : the number for the Member Relations Team is 0800 026 0687 (calls free from a UK Landline; costs may vary according to your mobile provider)

Mailing address for the Member Relations Team:

Clause 2 - General provisions

These VENTE-PRIVEE.COM Terms and conditions set out the parties’ rights and obligations for the purposes of the sale of products and services by vente-privee.com to members of the vente-privee.com website (hereinafter "the Website").
The Member hereby acknowledges that s/he has read and accepted the relevant rights and obligations. Any order placed via the Services (as defined below) is governed by these conditions.

Clause 3 - Terminology

All of the provided services (sale event, VPLounge etc.) offered by vente-privee.com on its website are hereinafter referred to as "The vente-privee.com Services" or "the Services ".
The Services are available in the United Kingdom and in English.
Each physical person or legal entity, legally of age and wishing to be eligible for the vente-privee.com Services and capable to fulfilling these terms and conditions, shall hereinafter be referred to as a "Member".
Each acquisition or reservation of a product or a service made by a Member on the Website under the conditions stated in these Terms and Conditions shall hereinafter be referred to as "the Order".

Clause 4 - Referral

4.1. Access to the Services is either via registration or via prior referral by a Member. Referral by a Member is limited to a restricted circle (friends and family) with whom the referring Member must be both effectively and physically acquainted. As a result, the mass recruitment of referred people who do not fall within this framework, for directly or indirectly profit-making purposes, or even free of charge, by any means including via a website, a blog, online advertising or magazines or forums, or by using the names of brands which work in partnership with the Website or by reproducing a part of the Website’s catalogue, is strictly prohibited.

4.2. If vente-privee.com should become aware of any serious irregularities by a Member in the use of its referral system, it would then be able to take any appropriate steps to ensure that these irregularities cease, including the deletion of the Member's account.

Clause 5 – Placing an order and pricing information

5.1. Members may place orders at http://www.vente-privee.com, our Website.

5.2. The Member guarantees that s/he is fully authorised to use the credit/debit card supplied or his/her PayPal account used for the purposes of paying for his/her Order and that this credit/debit card or his/her PayPal account has sufficient available funds to cover all of the costs incurred as a result of using the vente-privee.com Services.

5.3. By clicking the "Checkout" button during the Order process, and after checking the contents of the Order in his/her "basket" and, where applicable, amending them, the Member hereby states that s/he fully and unreservedly accepts all of these Terms and Conditions.

After confirming the contents of his/her Order, the Member must make final confirmation by clicking the ‘Pay Now’ button and making payment. The sale agreement between the Member and vente-privee.com will only become final once the Order has been confirmed and the corresponding payment has been made.
Vente-privee.com will always confirm both Orders received from each Member and then their shipment, by e-mail.

5.4. Exceptionally and only for certain sales, the Member may, while a sale of a product or service is still open, after having placed and confirmed an order, add other products or services from the same sale in one of two ways:

The completion of this new order will follow the same process as described in the above Clause 5.3.

5.5. The tax-inclusive price for each product or service is shown on the corresponding product or service sheet. Members will be informed of the shipping costs for their Orders prior to final confirmation. Furthermore, once the Order has been confirmed, the prices and costs including VAT will remain accessible in the "My Account" section of the Website.
The two prices shown on the Website next to each product or service indicate the supplier’s usual recommended retail price or RRP (shown crossed out), and the vente-privee.com price.
The shown RRP has been previously checked and compared to the market reality and other suppliers’ prices by vente-privee.com. However, the RRP at the time of the product’s launch may be different from the supplier’s usual RRP at the time of the sale event on the Website.
When a product has been commercialized during several seasons by the supplier, the RRP provided by the supplier is likely to have varied. For this reason, vente-privee.com always uses, as a RRP, the lowest public retail price, provided by the supplier.
The ‘savings made’ information shown on the summary page when purchasing a product indicates the total savings across all the products as compared with the supplier’s RRP.

5.6. Any failure by the Member to adhere to the obligations entered into under the terms of these Terms and Conditions, and in particular relating to any incident involving the payment of the price of an Order, may lead to suspension of access to the vente-privee.com Service, or even the closing of the Member’s account according to the degree of seriousness of the action in question, without prejudice to any damages which vente-privee.com might seek. As a result, vente-privee.com reserves the right to refuse any Order from a Member with whom there is any such dispute.

Clause 6 – Conformity of products or services

6.1. The information given in each product listing is as provided to vente-privee.com by the suppliers from whom the products or services are sourced.

Vente-privee.com will make every effort to ensure that the photographs of provided products or services on the Website are as accurate as possible. However, given the digital method used to display the products or services on the Internet, it is possible that the Member’s perception of the photographs of a product or service may not exactly match the product or service itself.

6.2. In the event of non-conformity of any product or service delivered to the Member, the latter may return it to vente-privee.com following the procedure stated in the "Help & Contact" section available on the Website.

The Member may ask vente-privee.com:

The cost of returning the product ordered and delivered to the Member, along with any delivery of another product, shall be covered by vente-privee.com.

6.3. In any case, these provisions do not deprive the Member of his or her right to cancel, as governed by Clause 8 of these Terms and Conditions.

Clause 7 – Availability of products and services

If a product or service is totally or partially unavailable after the Order is made, the Member shall be informed by e-mail of the delivery of a partial order or the cancellation of his or her Order.
In application of the United Kingdom’s Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”), if the product or service is not available the Member then has the right to ask vente-privee.com:

The cost of delivering a new product or service shall be covered by vente-privee.com.

Clause 8 – Cancellations

8.1. Scope

Apart from the exceptions stated below and for the purposes of sales events, all products or services sold are subject to the Cancellations clause. Under Regulation 30 of the Regulations, the Member has the right to cancel any Order placed on the Website within 14 (fourteen) days from the date on which the Order is confirmed and payment made in accordance with clause 5.3 above in relation to the purchase of services or within 14 (fourteen) days from the date on which goods are delivered to the Member in relation to the purchase of goods.
However, with regard to the Sale of Goods Act 1979 and under Regulation 28 of the Regulations, certain products and services cannot be subject to the Member’s right to cancel. In any case Members will be told about the products or services involved during the course of the sale.

The aforesaid cancellation right of 14 (fourteen) days does not apply, except if the parties agree to the contrary, to the following sale agreements:

8.2. Terms

Prior to returning a product or cancelling a service, the Member must state his or her intention by completing the ‘Cancellation Form’ [click here to open the Cancellation Form] or using the "Help & Contact" section on the vente-privee.com Website, by selecting "Questions related to My orders".
This right may be exercised by sending the product back to vente-privee.com at the address stated in Clause 9, or for services by following the specific procedure for the service which will be stated on the Website.
The Member has 14 (fourteen) days to change their mind and cancel the contract (as described in clause 8.1 above) plus 14 (fourteen) days after the day on which the Member informs vente-privee.com of its cancellation to return the relevant goods.
When the Member wishes to use his/her cancellation right, pursuant to clause 8, the product must be physically returned to vente-privee.com and the Member is liable for any cost and risks involved in returning the product.
The Member will receive a refund within 14 (fourteen) days from vente-privee.com receiving the goods, or if earlier, 14 (fourteen) days from the day on which the Member supplies evidence of having sent the goods back.
The return of products or services will lead to refund of the price of the purchased product(s) or service(s).
vente-privee.com’s standard delivery charges will be refunded only in the case where an entire order has been either returned to vente-privee.com or cancelled by a member. Should a member wish to return selected items from an order, any shipping & handling charges will not be refunded.
The returning of an Order is shown as a negative transaction; this information is available at all times on the Website in the "My Account" section, which can only be accessed by the Member in question.

Clause 9 – Member’s procedures for returning a product or service

In order to be fully eligible for the conditions of Clause 6 "Conformity of products or services” and those of Clause 8 "Cancellations", the Member must return the product or service to vente-privee.com:

Clause 10 – Payment

Purchases may currently be paid for either by credit/debit cards or with PayPal accounts.
The following cards are currently accepted: Visa, Visa Electron, MasterCard and American Express.
For each order, if paid with a credit/debit card, the Member’s bank account will be debited after a period of 24 hours following the date of the Order and the latter shall be deemed to be effective after confirmation of the agreement of the banking payment centres. Otherwise, with a PayPal account, it will be debited immediately.

In accordance with existing information protection regulations, vente-privee.com does not store members' bank details. Members should therefore save and print the payment document if they wish to have a copy of the transaction details.

Clause 11 – Security

The vente-privee.com Website has one of the most efficient current site security systems. Not only does it use SSL (Secure Socket Layer) encryption, it has also reinforced all of the various encryption processes in order to provide the most effective protection possible for all sensitive payment information. Vente-privee.com never has access to any confidential information about the means of payment.
Indeed, only the Société Générale – ATOS, our banking partner, has access to confidential information (card number, validity date) and can not be accessed by any other third party.

Clause 12 – Delivery

12.1. Age restriction - Delivery of alcoholic products In accordance with the Licensing act 2003, it is illegal to sell or deliver alcohol to anyone under the age of 18. Vente-privee.com cannot sell alcohol to anyone who is younger than 18 years old. By placing an Order you confirm that you are at least 18 years old. If you are buying alcohol on behalf of someone else, that person must also be over 18 years old.
The Member or any individuals acting as recipient upon delivery of alcoholic products must show the courier a valid photo ID justifying that he or she is over 18 years old. Otherwise the courier will refuse to deliver any alcoholic products.
In case the courier cannot deliver the package for any of the reasons previously mentioned, or in the absence of the member upon the first delivery attempt, the courier will leave a calling card in the letterbox and will attempt a second delivery.

If the delivery still cannot be made, the courier will return the parcel to vente-privee.com. No further attempt to deliver the products will be offered and you will be refunded.

12.2. Place of delivery - The products or services will be sent to the delivery address which the Member gives during the Order process.
The contribution towards logistical preparation and shipping costs is inclusive of all taxes. Notice of all deliveries is given by e-mail.
When an Order is shipped, vente-privee.com gives notice that an original invoice including the delivery costs and VAT is available online in the "My Account" section of the Website.
vente-privee.com ships packages to anywhere in the United Kingdom, with the exception of Jersey and Guernsey islands, military addresses (BFPO) and Gibraltar.
The Member must choose the place of delivery: to his or her home, to his or her office, to a third party’s address, to the place where s/he is spending his or her holidays, etc. If nobody is in at the address given by the Member when the delivery is made, a notice of attempted delivery is usually put through the letterbox. A second and a third attempt of delivery will be made. It will then be up to the Member to contact the courier to agree upon a new delivery date; it is also possible to collect the package from the courier’s nearest depot within seven (7) days from the leaving of this final notice.

Once the times stated above have elapsed, the package will be sent back to vente-privee.com. The Member Relations department will then contact the Member for a possible reshipment and, if there is no answer from the Member within a reasonable period of time, will refund him or her.

12.3. Delivery time - The maximum delivery time is thirty (30) working days from the date when the Order is made, unless stated otherwise to the Member prior to the placing of the Order and prior to the final confirmation thereof. In this case, vente-privee.com will give the Member an estimated range of delivery dates.
A reminder of this timescale will be shown in the "Order Summary" and also in the “Delivery Tracking” section of the Website.

12.4. Delays in delivery - In any such case the Member may contact the vente-privee.com Customer Services department, whose contact details are shown in the "Help & Contact" section of the Website, by selecting the topic to which his or her request relates.
The Member has the right to cancel his/her Order if it is not delivered no later than seven (7) working days after the delivery date stated by vente-privee.com, unless this delay in delivery is due to a case of force majeure as defined hereinafter.
Indeed, vente-privee.com shall not be liable to the Member under the Terms and Conditions in any way whatsoever for destruction, damage, delay or inability to carry out its business arising out of war or civil commotion, strikes, lockout and industrial disputes, failure of utility service or transport network, fire, storm, explosion, floods or bad weather, breakdown of machinery or plant, malicious damage, compliance with any law governmental order rule direction or regulation or any default of suppliers or sub-contractors. vente-privee.com shall further be under no liability to the Member for any circumstances beyond its reasonable control.
vente-privee.com will ask its bank to refund the Member within 14 (fourteen) working days following his or her request to cancel.

12.5. Partial delivery - The Member will be informed of the partial delivery of an Order by e-mail of the products and/or services shipped in the package. A second e-mail will be sent informing him or her of the delivery of the other products and/or services ordered. The Member has the possibility to follow the progress of his/her order on the Website by going to “My account”, “My Orders”, “Delivery tracking”.

12.6. Non delivery - The Member has the right to cancel his or her Order if it has not been delivered no later than 14 (fourteen) working days after the delivery date stated by vente-privee.com, unless this delay is due to a case of force majeure.

Vente-privee.com will ask its bank to refund the Member within 14 (fourteen) working days following his or her request to cancel.

12.7. Delivery made Each delivery is deemed to have been made once the product or service has been handed over to the Member, including when this is done by the courier, as recorded in the tracking system used by the courier, such as the delivery tracking system available on the HDNL website.
Without prejudice to the period of time available to the Member for the purposes of his right to cancel as set out in Clause 8 above, it is the Member’s responsibility to check shipments upon arrival and to make any reservations and claims which might appear to be justified, or even to refuse the package, if it is likely to have been opened or if it shows clear traces of damage. The aforesaid reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within three (3) working days from delivery of the products and a copy must immediately be sent to vente-privee.com.

12.8. Lost packages

When a package leaves the vente-privee.com warehouses, it will be sent on to its destination by a courier.
The Member is informed of the package’s departure by the sending of an e-mail summarising the products or services sent and informing him or her of the tracking number (often beginning VP…) so that s/he can track it on our website in the "My Delivery" section.
Four (4) to six (6) working days should then be allowed for delivery.
If there is nobody in to accept delivery, a notice of attempted delivery is put through the letterbox at the address given by the Member: the Member is then informed of the courier’s contact details:

  1. S/he must then make an appointment by calling the number shown on the notice of attempted delivery.
  2. The Member has a period of seven (7) days to go and collect the package from the courier’s nearest depot. If this period of time should elapse, the package will be sent back to vente-privee.com. The Member Relations department will then contact the Member for a possible reshipment and will refund the Member if there is no answer from him or her within a reasonable period of time.

If the carrier is unable to leave the notice of attempted delivery (address unknown, door number not given, etc.), vente-privee.com will be contacted and asked for any missing part of the Member’s address. If the latter fails to reply, the package is returned to chez vente-privee.com and the Member receives a refund.

If neither the depot nor the tracking system (in the "My Delivery" section) show any trace of this package, the Member must then get in touch with vente-privee.com using the "Help & Contact", "Questions related to My orders" section of the Website or go to the HDNL tracking website (http://www.hdnl.co.uk/).

The vente-privee.com Member Relations department will then begin an enquiry together with our courier. The Member will then receive an e-mail informing him or her that an enquiry is underway. It usually takes HDNL twenty-one (21) working days to give vente-privee.com a final answer.

Clause 13 – Guarantees

13.1. Legal guarantee

Depending on the choice made by the Member, vente-privee.com undertakes either to credit the Member for the price of the product or service or to exchange the Member’s product or service for an identical product or service, subject to stock and availability, or to exchange a product or service for a product or service of equivalent quality and price, subject to stock and availability, if a non-conforming product is delivered (Clause 6 above) and if a product or service which reveals a hidden defect is delivered.
For any request of this type, the Member must then contact the Member Relations department using the "Help & Contact", "Questions related to My orders" section of the Website.
These provisions do not affect the right to cancel as set out in Clause 8 above.

13.2. Contractual guarantee offered by some suppliers
Certain products or services may offer a contractual guarantee and this will be stated in the product sheet at the time of the exclusive sale on the vente-privee.com Website. Clear details of these guarantees are given in their sheets and no Member may ask to be covered by a wider-ranging guarantee than the one shown here.
Therefore the contractual guarantee granted by vente-privee.com is usually granted by the supplier to its Members directly.
In the event of a problem with a product or service, the Member must keep the purchase invoice sent by vente-privee.com and get in touch with the Member Relations department using the "Help & Contact:, "Questions related to My orders" section, and will then be informed of the procedure to follow.

13.3. Exclusion from guarantees Any products or services which have been altered, repaired, incorporated or added by the Member or any other person who has not been authorised by the supplier of the aforesaid product or service are excluded from guarantee. The guarantee will not cover any obvious defects. The guarantee will not cover any products or services damaged during transportation or which have been used incorrectly.

Under the Sales of Goods Act 1979:

  1. The seller must deliver goods which comply with the contract and is responsible for any defects in conformity which might exist upon delivery. The seller is also responsible for any lack of conformity as a result of the packaging, the assembly instructions or installation when this is his responsibility under the contract or has been carried out under his responsibility.
  2. In order to conform to the contract, the goods must:
  3. 2.1.Be fit for the usual expected purpose of similar goods and, where applicable:
    • Match the description given by the seller and have the qualities that the latter has stated to the buyer in the form of a sample or model
    • Offer the qualities which a buyer may legitimately expect with regard to the public declarations made by the seller, by the producer or by his representative, including those in the advertising or the labelling
    2.2. Or offer characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, of which the seller has been informed and to which this latter has agreed.
  4. Any action as a result of the lack of conformity is subject to a statute of limitation after two years from the delivery of the goods.
  5. The seller must offer a guarantee against any hidden defects in the goods as sold rendering them unfit for their intended purpose, or which reduce this purpose to such an extent that the buyer would not have purchased them, or would only have done so at a lower price, had s/he been aware of them.
  6. Any action as a result of latent defects must be taken by the buyer within a period of two years from the discovery of the defect.

Clause 14 – Alterations to the Terms and Conditions of Sale

vente-privee.com reserves the right to make alterations to these Terms and Conditions.
Members agree to comply with the current version of Terms and Conditions by only ordering and purchasing on vente-privee.com’s Website.
Notice of any new version thereof shall be given in advance on the first page of the “Help & Contact” section.
Any Members who do not wish the contractual relations to be governed by the new version of the applicable Terms and Conditions of Sale to any new Order must give notice of this and, from the date on which the new version becomes effective, they must cease to use the vente-privee.com Services.

Clause 15 – Privacy Policy

15.1. vente-privee.com endeavours to respect the confidentiality of any personal data provided by Members on the Website and to use them in line with the UK Data Protection Act 1998 law.

15.2. vente-privee.com informs its Members that their personal data will be used internally and/or by group companies to:

If the Member does not want to receive a certain category of emails, the Member can use the “Help & Contact / My personal details / Manage my emails” page to modify these settings.

15.3. However vente-privee.com informs its Members that it will communicate personal data of members to ensure the good delivery of their Orders by its Logistics partners, some aspects of the After-Sale Services, [and to conduct satisfaction surveys]. Moreover, vente-privee.com will also communicate these data where necessary to respond to a legal authority injunction.

15.4. Where the Member has given consent, either at the point at which it registers onto the site, or later on consultation of its account page once registered, to the receipt of emails from vente-privee.com and/or from group companies and/or from their partner companies, those companies may send information or promotional emails to the Member. As a consequence, vente-privee.com may pass a Member’s personal details to its affiliated and/or group companies and/or to partner companies, where the Member has given consent, either at the point at which it registers onto the site, or later on consultation of its account page once registered. Those companies may use these details to send gifts or offers by email directly to the Member.

15.5. Nevertheless under the UK Data Protection Act 1998, the Member may exercise his or her right of access to the file, [his or her right of opposition] and his or her right of rectification or deletion with regard to any personal data about him or her:

16. Member Content

16.1. Any Member wishing to use the Site’s Services and in particular the Blog undertakes, with no restriction or reservation, to comply with these Terms and Conditions and the Blog Charter.

16.2. Licence for publication granted by the Member to vente-privee.com.
Any Member wishing to publish content on the Site and in particular the Blog, such as graphical work, videos, musical works, photographs, animations, pseudonyms, names, symbols, texts, comments and more generally any element, whether visual, textual or sound, originating from a Member, hereinafter referred to in all cases as “Member Content”, undertakes to grant the present licence to vente-privee.com:
The Member authorises, free of charge and with no restriction or reservation, the publication of the Member Content he or she has sent to vente-privee.com. Consequently, the Member expressly grants vente-privee.com and any company in the Group to which it belongs a licence on the Member Content which includes:

The Member agrees that the Member Content may be used separately for any purpose, whether promotional or commercial, at the choice of vente-privee.com and particularly within the Blog or published on the Site.
The Member also agrees that the Member Content may be taken over by vente-privee.com, in particular for citation and associated with his or her blog pseudonym in its promotional, marketing and advertising activities.
This licence is valid in any language, for the whole world and for the term of protection granted over the Member Content to its beneficiaries, according to both French and foreign legislation and current and future international conventions on literary and artistic property, including any extensions which may be made to this term, from the date of signature hereof.

As indicated hereinabove, the Member agrees not to receive any remuneration pursuant to such publication.

THE MEMBER EXPRESSLY CERTIFIES THAT THE MEMBER CONTENT SENT AND/OR UPLOADED TO VENTE-PRIVEE.COM IN DIGITAL FORMAT WITH EXPLOITABLE QUALITY IS COMPLETELY FREE OF ANY RIGHTS, BELONGS TO THE MEMBER AND DOES NOT INFRINGE EITHER THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND IN PARTICULAR OF THE PARTNERS OF VENTE-PRIVEE.COM, OR THE PERSONALITY RIGHTS OF OTHERS, OR ANY OTHER PROPERTY RIGHT OF A THIRD PARTY.

The Member guarantees to vente-privee.com that he or she has all the powers and the capacity to grant the rights assigned herein, and that the Member has not and shall not, through assignment/licence to a third party or by any other means, commit any act likely to compromise this licence and in particular that the persons likely to appear in certain Member Content are not bound by any exclusive agreement on the use of their image or name. The Member therefore guarantees to vente-privee.com, and to the third parties to whom vente-privee.com transfers such rights:

IF THE MEMBER CONTENT THAT THE MEMBER PROVIDES TO VENTE-PRIVEE.COM SHOWS ONE OR MORE MINORS UNDER 18 YEARS, THE MEMBER GUARANTEES TO VENTE-PRIVEE.COM THAT HE OR SHE IS THE LEGAL REPRESENTATIVE OF SUCH MINOR AND AGREES TO THE PUBLICATION OF THIS MEMBER CONTENT UNDER THE CONDITIONS OF THIS LICENCE.

The Member certifies in particular that the Member Content sent to vente-privee.com is completely original and does not counterfeit or borrow from another work of any nature whatsoever, which may incur the liability of vente-privee.com.
The Member also certifies that the Member Content complies with the Blog Charter, which the Member represents that he or she has read and accepts in the same manner as these Terms and Conditions.
The Member acknowledges that he or she is aware that vente-privee.com:

As a result of the foregoing, the Member waives the right to take any action against vente-privee.com and any company which may replace it.

Clause 17. Miscellaneous

17.1. These Terms and Conditions do not harm any statutory right of vente-privee.com’s Members.

17.2. In the event that any one of the provisions of the Terms and Conditions of Sale should be deemed to be illegal or non-binding pursuant to a legal decision, the other provisions shall remain effective.

17.3. Under the Ecommerce Regulations, Sale of Goods Act 1979 and the Unfair Contract Terms Act 1977, the information delivered by the Website is deemed to be authentic in dealings between the parties. Details such as the time of receipt or of sending, along with the quality of the data received shall be deemed to be authentic, with priority given to the data recorded on vente-privee.com’s IT systems, or as authenticated by vente-privee.com’s computer procedures, unless the Member can prove otherwise in writing. The scope of the proof of the information delivered by vente-privee.com’s computer systems is that granted to an original in the sense of a written document on paper, signed by hand.

Clause 18. Law – Disputes

These Terms and Conditions of Sale in the English language shall be performed and interpreted in accordance with the legislation of England and Wales.
In the event of a dispute, the Member must first of all contact vente-privee.com in order to attempt to reach a friendly solution.
Failing this, the Courts of England and Wales shall have sole jurisdiction.