THE FOLLOWING IS HEREBY AGREED
BY THE AFOREMENTIONED PARTIES:
I – PRELIMINARY INFORMATION:
1.1. THE PARTIES:
The present General Terms and Conditions of Service Delivery (hereinafter referred to as “GTCs” or “General Terms and Conditions”) are designed to regulate the entirety of the relationship between COLISEXPAT and the User and/or its Customer. They shall apply exclusively between:
COLISEXPAT, a trademark of the company IMX FRANCE, which is also hereinafter referred to as the “Service Provider” and offers professional postal and parcel delivery services,
any person who visits the www.colisexpat.com website and/or who uses one or more of the services that COLISEXPAT offers, excluding services which may be offered by third-party partners (hereinafter referred to as “You”, the “User” or the “Customer”).
The aforementioned individuals are individually and collectively referred to as the “Party” or the “Parties” respectively.
The Service Provider’s customer service team can be contacted:
- by email, as specified in the “CONTACT” tab of the general menu;
- by post at the following address: IMX FRANCE – COLISEXPAT, Service Clientèle, Plateau 18/1 110bis, Avenue du Général Leclerc, 93500 PANTIN - FRANCE.
The present General Terms and Conditions of Sale aim to define not only the services that COLISEXPAT offers, but also its terms of online sale and terms of performance.
COLISEXPAT reserves the right to modify the present General Terms and Conditions of Sale at any time.
The General Terms and Conditions of Sale in force on the day the Customer places an order shall be applied.
1.3. USER’S CONSENT:
The website is intended for use by any person aged 18 or over with the legal capacity required by French law to subscribe to the services.
Any user who logs into the website – whether directly or indirectly (through another site or an automated system) – must adhere to the present General Terms and Conditions or log out immediately.
The User may view the present document on the website simply, freely and at any time by clicking on the “General Terms and Conditions of Service Delivery” link at the bottom of the homepage.
The Service Provider reserves the right to modify the General Terms and Conditions at any time. Users shall be notified by means of the new version of the General Terms and Conditions being published on the website.
The User is therefore invited to view the latest version of the General Terms and Conditions on a regular basis.
The website contains links to third-party websites, such as partner dealers or other parties.
Use of these websites may form the subject matter of General or Special Terms and Conditions belonging to the relevant website operator.
The User is perfectly aware of the fact that the Service Provider assumes no liability with respect to such third-party websites.
1.4. TECHNICAL REQUIREMENTS:
Use of the services requires compatible hardware, high-speed Internet access and certain software (which may be provided against payment).
Use of the services also requires the User to be in possession of an electronic messaging (“email”) address.
The User accepts that these technical requirements, which may be modified from time to time, fall under their responsibility.
The User accepts that updates to the services, which will temporarily block their access, may be made from time to time.
1.5. PERSONAL DATA
The User may expressly oppose their details being disclosed by means of sending an email to the following address: “firstname.lastname@example.org”.
The User is hereby informed that this automated processing of information formed the subject matter of a declaration made to the CNIL under number 1634209 dated November 26, 2012.
According to the Act dated January 6, 1978, as last amended, the User has a right to access, oppose and correct any data concerning them, either directly on the Internet or by sending a written letter to the Service Provider by post to the following address: “IMX France – ColisExpat – 110bis Avenue du Général Leclerc – 93500 PANTIN – FRANCE”.
Additionally, the Service Provider reserves the right to collect the public IP (Internet Protocol) address of all Internet users on the site. This IP address shall be collected anonymously, shall be kept for the same length of time as the cookies and shall only be used to enable proper administration of the services offered.
In the event of dispute, and by court order only, the Service Provider may share this data (as well as all other information requested) to any designated authority.
II – DEFINITIONS :
“INTERNET” refers to different networks of servers situated in various locations around the world, which are linked to one another using communication networks and which communicate using a specific protocol known as TCP/IP;
“SITE”’ or “WEBSITE” refers to the infrastructure developed by COLISEXPAT at the address www.colisexpat.com, according to the usable electronic formats on the Internet including various types of data – particularly texts, sounds, still or moving images, videos and databases – to be viewed by Users so they can find out about and subscribe to the services;
“USER(S)” refers to any physical or legal person who visits the aforementioned website, whether they use the services offered there or not;
“CUSTOMER(S)” more specifically refers to any User, as defined above, who subscribes to the paid services that COLISEXPAT offers;
“SERVICE(S)” refers to the services offered on COLISEXPAT’s website for payment, excluding services which may be offered by third-party partners on the very same site;
“DEALER(S)” refers to any third-party company which presents products for sale to customers on its own website and at its own risk;
“REFERENCE TO THE ADDRESSEE” refers to the reference the Service Provider gives the Customer in the “Where would you like your parcel delivered?” section with a view to identifying the Customer and the desired forwarding address upon receipt of a parcel;
“ID” refers to any confidential code or password which allows Customers to identify themselves and log into the COLISEXPAT services;
“CUSTOMER AREA” refers to the area reserved to customers on the COLISEXPAT website which allows them to access COLISEXPAT services, place orders for services and manage their personal information.
III – COLISEXPAT’S SERVICES:
3.1. PRESENTATION OF THE SERVICES:
COLISEXPAT offers its Customers a reception service on its premises or in any other partner establishment in France, in Europe and internationally, followed by a parcel forwarding service to Europe and internationally for parcels containing items bought on Dealers’ sites. This service allows Customers residing abroad to take delivery of goods for which Dealers do not offer an international delivery service. COLISEXPAT will not forward any parcel for which sending and forwarding contries would be the same. For instance, a parcel received from a french merchant will not be forwarded to a french address.
In the context of providing such a service, COLISEXPAT is acting both as a representative on behalf of the Customer and as a parcel delivery service provider.
Acting as a representative, COLISEXPAT receives parcel(s) shipped by the Dealer on behalf of the Customer. Acting as a parcel delivery, transport or postal distribution service provider, COLISEXPAT forwards the parcel in compliance with the Customer’s instructions.
As such, COLISEXPAT is authorized to entrust performance of the services to one or more subcontractors, postal operators, private distributors, carriers or logistics specialists of their choosing.
3.2. ACCESS AND TERMS OF SERVICE :
If the User is to access the services that COLISEXPAT offers, they must first create a personal customer area on the www.colisexpat.com website.
The Customer may access their COLISEXPAT customer area at any time to track their parcels’ status. COLISEXPAT hereby emphasizes that the parcel’s status must be clearly distinguishable from its traceability during forwarding, which forms the subject matter of a specific option.
COLISEXPAT’s services are rendered by means of creating one or more address(es) and a reference to the addressee which the Customer gives to Dealers when specifying the terms of delivery for the item bought.
Once the parcel has been received by the Service Provider on behalf of the Customer, the Service Provider shall proceed to forward or return the parcel as per the Customer’s instructions.
The terms for accessing and performing the service can be found on the www.colisexpat.com website.
3.3. ABSENCE OF RIGHT OF WITHDRAWAL:
The Service Provider’s service mainly focuses on the shipment of parcels. Consequently, and in compliance with the provisions set down in the French Consumer Code, the nature of the service that COLISEXPAT offers shall not give rise to the Customer being entitled to exercise a right of withdrawal to their benefit.
3.4. DEALERS’ INDEPENDENCE
Dealers are third-party legal persons who are independent of the Service Provider.
Consequently, the Service Provider accepts no liability with regard to the relationships which may exist between Customers and Dealers, even if Customers have accessed Dealers’ websites through the Service Provider’s website.
Similarly, the Service Provider does not get involved – in any way, shape or form – in the Customer’s after-sales service provided by Dealers. It is the Customer’s responsibility to contact the Dealers directly with regard to any subject matter concerning their purchases.
The Customer hereby acknowledges that once they access a Partner Dealer’s website, they are no longer on the Service Provider’s site and that each of these third-party sites have their own distinct regulations.
The site may present promotional codes for certain Partner Dealers which are made available on their specially designated pages if necessary.
Promotional codes displayed on the website are the property of the Partner Dealers who offer them and are governed by their rules and regulations. The Service Provider shall accept no liability in this regard.
The Service Provider gives no guarantee that those Partner Dealers currently referenced on its site shall continue to be referenced in the future and if one of the Partner Dealers is removed from the list, this shall not give rise to any objection, compensation or refund to the benefit of Customers.
Similarly, the Service Provider gives no guarantee that those promotions currently available on its site shall continue to be available in the future and if one of the promotions is removed from the list, this shall not give rise to any objection, compensation or refund to the benefit of Customers.
IV. RATES, INVOICING AND PAYMENT OF THE PRICE:
The Customer shall pay the price as compensation for the services that the Service Provider offers.
The price of the service is displayed on COLISEXPAT’s website and/or is the subject matter of a specific offer made by the Service Provider to the Customer by any written means and particularly by email.
In particular, the price includes:
- the service access fees;
- the parcel shipping or return costs;
- the cost of any supplementary service rendered by the Service Provider on behalf of the customer.
COLISEXPAT shall issue a summary invoice of all the costs the Customer has incurred in selecting the service(s). This invoice is made available to the Customer in their customer area.
4.3. PRICE PAYMENT METHODS:
The price of the services shall be made by credit or debit card, directly online on the Service Provider’s website via the secured payment site run by the Service Provider’s financial partner.
Only the most commonly used debit and credit cards are accepted.
Once the Service Provider has actually received the payment, it shall undertake to electronically confirm receipt of the same within 24 hours at most.
In the event that the Customer has difficulty paying by the methods the Service Provider offers on its site, the Customer may contact the Service Provider’s customer service team to make their payment by bank transfer for the precise amount of the service(s) selected.
As part of its fight against fraud, ColisExpat may have to ask the customer one or more proof of his identity and the validity of the credit card used for payment in order to prevent the use of stolen or falsified means of payment. ColisExpat may need to also ensure that the person whose bank account is debited is the one who ordered. If restitution of a good is requested by a merchant victim of a fraudulent purchase, the return of the goods to the merchant prevail to any request for forwarding by the customer.
4.4. ONLINE ACCOUNT:
Customers with an online account and a payable amount may either request a refund or use the latter to deduct the charge for the service(s) selected.
The Service Provider shall undertake to inform the Customer of any credit or debit applied to their account by email or any other supplementary means.
Any amount available in the account is the exclusive property of the Customer.
No amount available in the account shall bear interest.
4.5. FORMAL NOTICE:
Any formal notice that COLISEXPAT addresses to the Customer to assert its rights shall be charged to the Customer at the flat-rate amount of EUR 10.
V. RECEIPT OF PARCELS BY COLISEXPAT:
5.1. COLISEXPAT’S MANDATE:
COLISEXPAT shall receive parcels shipped by Dealers on behalf of the Customer.
Such delivery to COLISEXPAT constitutes the start of any withdrawal period to which the Customer would be entitled with the Partner Dealer.
COLISEXPAT shall inform the Customer that it has received the parcel as soon as possible, and on the next working day following the delivery at the latest.
5.2. COLISEXPAT’S INSPECTION:
COLISEXPAT shall proceed to perform an inspection upon receipt of the parcel.
This inspection focuses particularly and not exclusively on:
- The notes on the parcel;
- The state of the packaging;
- Where possible, the entry conditions set down in article VI of the present General Terms and Conditions.
Any parcel received without the reference to the addressee shall either be refused by the Service Provider and returned to the sender, or accepted and opened to find out the details of the Customer who owns the same.
If the parcel’s packaging is seriously damaged or appears to have been opened when the Service Provider takes receipt of the parcel, the Service Provider shall refuse to accept the parcel and it shall be returned to the sender. The forwarding status then changes to “Parcel refused – see comments” in the customer area.
The Service Provider shall assess the extent of the damage at its own discretion and the Customer shall be unable to claim any objection, compensation or refund as a result.
5.3. RESTRICTIONS ON CASH ON DELIVERY ORDERS:
It is expressly agreed that COLISEXPAT shall only accept delivery of parcels which are free from customs duties and any other costs payable by the Customer upstream.
In any case, all customs duties and direct, indirect and/or incidental costs shall be payable exclusively by the Customer.
5.4. COLISEXPAT’S INCIDENTAL SERVICES:
Following receipt of the parcel, the Service Provider may render incidental services on behalf of the Customer, particularly and not exclusively, the repackaging of the parcel, taking of photographs, etc.
Any incidental services shall be subject to the express consent of the Parties and may give rise to COLISEXPAT being entitled to remuneration.
5.5. PAYING THE DEALER:
It is the Customer’s exclusive responsibility to pay the Dealer for its purchase, i.e. the subject of the parcel.
Should a Dealer indicate to the Service Provider that a purchase, i.e. the subject of the parcel, has been paid for fraudulently, the Service Provider shall interrogate the Customer and invite them to provide any and all useful documentation in support of the fact that the Dealer has been paid properly for the purchase. If the Customer does not respond within a period of fifteen days, COLISEXPAT is free to return the parcel to the Dealer at the exclusive expense of the Customer.
VI – CONTENTS OF THE PARCEL:
6.1. COMPLIANCE WITH THE REGULATIONS IN FORCE:
Any service provided by COLISEXPAT focuses only on merchandise which complies with the regulations in force.
COLISEXPAT refuses to render any and all services with respect to the following items and it shall not be held liable in this regard:
- merchandise which falls under national regulations on dangerous, dirty or prohibited products and, in general, any content which contradicts the laws and regulations in force at the time of shipment, as well as (non-exhaustive list) ammunition, firearms, narcotics, gases, flammable, radioactive, toxic or corrosive materials and all items which – due to their very nature or their packaging – may be hazardous to the human environment and aircraft safety or damage other parcels being transported.
- monies and securities, (non-exhaustive list) jewelry, stones, valuable materials, coins, banknotes, payment documents;
- fresh non-food products which are not chilled automatically and perishable products;
- all products which are prohibited by the regulations in force in the country of delivery or by the air transport regulations;
- counterfeit products.
6.3. CUSTOMER’S EXCLUSIVE RESPONSIBILITY:
In any case, the Customer shall assume full responsibility for the contents of the parcel which the Service Provider ignores in principle.
VII – FORWARDING OF PARCELS BY COLISEXPAT:
COLISEXPAT shall proceed to forward or return the parcel upon the Customer’s request and as per their instructions.
7.1. CUSTOMS, FISCAL AND REGULATORY ARRANGEMENTS:
The Customer shall undertake to comply with all customs and fiscal formalities to which they may be subjected in the context of their parcel being forwarded. As such, it shall undertake to provide any information and/or documentation that the Service Provider may require from them if necessary. The Customer is solely responsible and liable to pay for any customs clearance costs, customs duties, dock dues and local taxes in the destination country.
The Service Provider cannot be held liable in the event of there being errors or omissions in the Customer’s declarations / a breach of customs and fiscal regulations. Failing that, the Customer shall be held liable to pay the costs which may be imposed on the Service Provider in the event of false or imprecise declarations.
The Customer is solely responsible for all the consequences – particularly the financial and criminal consequences – resulting from their failure to provide declarations or documents, from them providing the same late or from them providing declarations or documents which are erroneous, incomplete or inappropriate. The Service Provider hereby draws the Customer’s attention to the fact that any false or imprecise declarations may lead to delays in their parcel being delivered.
7.2. SHIPPING AND TRACKING OPTIONS:
The Service Provider offers the Customer several shipping solutions, both with and without traceability.
The Customer shall confirm their chosen solution and agree to the Service Provider forwarding their parcel.
7.3. PAYING FOR THE SERVICE:
Once the Customer has confirmed their shipping solution and options selected, they shall pay for the service online with the payment methods made available by the Service Provider. Once the Service Provider has received the payment, it shall proceed to ship the parcel(s) as soon as possible.
7.4. USEFUL AND COMPLETE INFORMATION:
It is the Customer’s responsibility to provide the Service Provider with useful and complete information, particularly with regard to the recipient’s address, in the context of parcels being shipped.
7.5. RECEIPT OF PARCELS BY THE CUSTOMER:
Once the parcel has been delivered to the addressee, who may be the Customer or any other person named by the Customer, it is imperative that the addressee carefully examines the parcel and makes precise and detailed notes to report any damage to the professional and/or service which carried out delivery of the parcel.
VIII – OWNERSHIP OF THE PARCELS
8.1. OWNERSHIP OF THE PARCEL:
Parcels shall remain the sole property of the Customer. As such, the Customer is responsible for any damage that the parcel and/or its contents may cause to any person, third party or COLISEXPAT representative.
8.2. PRESUMPTION OF ABANDONMENT OF PARCELS AFTER 90 DAYS:
In any case, parcels shall be retained for a maximum period of 90 days unless an express agreement has been made between the Customer and the Service Provider.
Beyond this period, the Customer shall expressly and irrevocably accept that the Service Provider shall dispose of the parcel as it sees fit (including returning the parcel to the sender, reselling it, donating it or destroying it) and the Customer shall be unable to claim any objection, compensation or refund as a result.
IX – COLISEXPAT’S LIABILITY:
9.1. COLISEXPAT’S PRINCIPLE OF FAULT-BASED LIABILITY
9.1.1. COLISEXPAT’S FAULT-BASED LIABILITY:
Except for the assumptions listed exhaustively under article 9.2, the Service Provider is answerable for fault-based liability. To give rise to liability, the Customer shall characterize both the fault that COLISEXPAT allegedly committed and the direct and certain causal link between this fault and the damage incurred by the Customer.
The Customer’s fault, by the act of a third person, which particularly includes decisions made by the French or foreign administration in a broad sense and cases of force majeure as defined by French law, and due to damages absolves COLISEXPAT from any liability.
9.1.2. LIMITATION OF LIABILITY:
Except in those cases stipulated in article 9.2 when its liability is invoked, COLISEXPAT shall not be obligated to compensate its Customer beyond the total flat-rate amount of EUR 300 (three hundred euros) per parcel received or forwarded.
9.2. BY WAY OF EXCEPTION, COLISEXPAT’S LIABILITY IN THE CONTEXT OF FORWARDING AND/OR RETURNING PARCELS:
9.2.1. CONDITIONS FOR COLISEXPAT’S LIABILITY IN THE EVENT OF THE PARCEL BEING LOST OR DAMAGED:
Any loss, damage or delay sustained by all or part of the shipment shall invoke COLISEXPAT’s liability under the following conditions:
220.127.116.11. Except as specifically provided for in an imperative international convention applicable to the mode of transport used, any loss or damage sustained by the parcel during shipment shall invoke COLISEXPAT’s liability except in the event of fault on the part of the sender or the addressee, force majeure, inherent vice of the item or any other aspect which is not attributable to COLISEXPAT.
The parcel’s packaging is the sole responsibility of the Customer. Unless expressly agreed otherwise with the Service Provider, it is expressly agreed that any damage attributable to inadequate packaging shall absolve the Service Provider from any liability.
18.104.22.168. Exemption from liability for European and international air mail shipments:
By way of derogation from article 22.214.171.124, in compliance with the Universal Postal Union’s provisions in force and except for subscription to a distribution service with traceability and/or express derogation in writing, COLISEXPAT is exempt from any liability in the event of loss of and/or damage to a parcel sent by post in Europe and internationally.
9.2.2. CONDITIONS FOR COLISEXPAT’S LIABILITY IN THE EVENT OF DELAYS:
Any delay suffered by all or part of the shipment, which the Customer must always prove by any objective means, shall invoke COLISEXPAT’s liability under the following conditions:
126.96.36.199. Except as specifically provided for in an imperative international convention applicable to the mode of transport used, it is expressly agreed that the Customer may only hold COLISEXPAT liable for the delay in delivering the shipment in the following two cases:
- Non-compliance with the delivery period which COLISEXPAT expressly committed to in writing;
- Abnormally long delivery time which is at least twice as long as the delivery times that would have been given for indicative purposes only.
In these two cases, the delay in delivery shall not invoke COLISEXPAT’s liability when the delay is attributable to fault on the part of the sender or the addressee, force majeure, inherent vice of the item or any other aspect which is not attributable to COLISEXPAT.
188.8.131.52. Exemption from liability for international air mail shipments:
By way of derogation from article 184.108.40.206, in compliance with the Universal Postal Union’s provisions in force and except for subscription to the tracking option and/or express derogation in writing, COLISEXPAT is exempt from any liability in the event of there being a delay in shipping a parcel sent by post in Europe and internationally.
9.2.3. LIMITATION OF LIABILITY IN THE EVENT OF A PACKAGE BEING LOST OR DAMAGED:
If the Customer is able to provide proof that the Service Provider is responsible for the parcel being lost and/or damaged, they are entitled to seek compensation.
In all cases, and except as specifically provided for in an imperative international convention applicable to the mode of transport used, this compensation may not exceed the amounts listed below:
- Shipment of parcels from France to France: EUR 23 per kilogram of lost or damaged merchandise, including the price of the service.
- Shipment of parcels within Europe and internationally: EUR 12 per kilogram of lost or damaged merchandise, including the price of the service.
9.2.4. LIMITATION OF LIABILITY IN THE EVENT OF DELAYS:
Except as specifically provided for in an imperative international convention applicable to the mode of transport used, in the event of the Customer proving that COLISEXPAT’s liability is invoked for the delay in compliance with the provisions set down in article 9.2.2, the Customer is entitled to seek compensation, the amount of which may not exceed the price of the delivery service.
Under no circumstances shall COLISEXPAT be held liable for indirect or consequential damages such as loss of profit, loss of contract, loss of opportunity, damage to image, etc.
9.2.5. EXTENDED COMPENSATION OPTION:
If necessary, the Customer may subscribe to an extended compensation option (up to a limit of EUR 500 per parcel) and raise the liability limits in the event of loss or damage (excluding delays) stipulated in article 9.2.3 under the following conditions:
- When placing their forwarding order, the Customer subscribes to this option and states their desired value of compensation.
- The Customer pays for the corresponding option.
It is expressly agreed that this option does not include the right to flat-rate compensation amounting to the declared value in the event of the parcel being lost and/or damaged.
The Customer shall remain obligated to establish COLISEXPAT’s liability and their right to compensation, within the limits of the declared value, may not, strictly speaking, extend beyond the sole material loss in compliance with article 9.3 to the exclusion of any other loss.
9.3. DAMAGES FOR THE MATERIAL LOSS:
In any and all cases where COLISEXPAT’s contractual liability would be invoked in any capacity whatsoever, it is strictly limited to damages for the material loss as a result of the parcel being lost, damaged or delayed. It is then the Customer’s responsibility to justify with supporting evidence both the reality and the amount of such a loss.
9.4. ABSENCE OF ACCOUNTABILITY DUE TO THE DEALER:
Given that the Partner Dealer / Dealer is an independent entity, the Service Provider shall assume no liability in its favor.
It is the Customer’s responsibility to take out any and all insurance which it believes useful in covering the risks (which only they are aware of and capable of valuing) that their parcel is exposed to.
X – COMPLAINTS:
10.1. CONVENTIONAL TIME LIMIT FOR ANY CLAIM WITH RESPECT TO PARCEL FORWARDING AND/OR RETURN OPERATIONS:
Only claims with respect to parcel forwarding operations for which the Client shall send a registered letter to COLISEXPAT precisely detailing the damage observed and/or the alleged shortcomings and which are sent within seven days of the parcel being delivered shall be admissible.
If the parcel is not delivered, the claim period is extended to fourteen days after the date on which the parcel should have been delivered to the final addressee.
Once these time limits have elapsed, any claim with respect to parcel forwarding operations shall be inadmissible on the grounds of foreclosure.
10.2. LIMITATION PERIOD:
Any action taken under a given service shall lapse within a period of two years starting from the date on which the parcel (which gave rise to this service being rendered by the Service Provider) was received.
Any complaint must be reasoned and accompanied by proof of the damage suffered.
XI – INTELLECTUAL PROPERTY:
11.1 – All the elements of the Service Provider’s site, be they visual or sound elements, including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of the Service Provider.
Consequently, the User only has a right to use the website exclusively for its own needs, without being authorized to reproduce, adapt or sell on the aforementioned elements.
11.2 – A User who has a personal website and would like to add thereto a direct link to the Service Provider’s website for their own personal use, must request the prior written consent of the Service Provider.
In any case, all unauthorized links must be removed upon the Service Provider’s request.
XII – CANCELLATION DUE TO INVALIDITY
In the event that any one of the provisions set down in the present Terms and Conditions were to be declared void or deemed unwritten, all the other provisions shall continue to apply.
XIII – WAIVER
Where one or the other of the Parties does not require the application of a clause set down in the General Terms and Conditions or agrees for it not to be performed, either permanently or temporarily, this shall not be interpreted as a waiver by that Party of their rights arising from the said clause.
XIV – APPLICABLE LAW AND COURT OF JURISDICTION
The present General Terms and Conditions of Sale are governed by French law.
Any and all disputes arising from the interpretation or performance of the present General Terms and Conditions of Sale shall result in an attempt to settle matters amicably between the Parties.
If an amicable settlement cannot be reached, the dispute shall be brought before a competent court with substantive or territorial jurisdiction by the first Party to take action.