AXION SPORT, SAS  (“  AXION  ”), is a manufacturer of sports clothing and equipment based in Meaux with 38 shareholders, natural and legal persons, managed by its president, Mr. Denis DUPONT (and whose  extracts from the statutes of this company appear in the Annex hereto).

 

On March 31, 2022, AXION sent its purchase order to STOCKETIK, a textile wholesaler based in Colmar, by email in which it placed an order for 500 meters of 100% polyamide breathable textile, citing “ the unit price contained in your latest catalog (Spring 2022) ” as well as the following terms:

• Delivery to its premises located at ZAC “Les Pins” 5, Av. Roland Moreno, 77124 Meaux;
• Delivery no later than April 25;
• Payment by bank transfer within 30 days of delivery;
• The law applicable to this Contract is French law. The competent court to hear all disputes between the parties relating to the validity, interpretation and execution of this contract is the Commercial Court of Meaux, notwithstanding plurality of defendants or warranty appeal even for precautionary proceedings, in summary proceedings. or by request.

Two days later, STOCKETIK responded by email acknowledging receipt of the purchase order and accepted AXION's offer. In the email a content sheet containing general conditions of sale was attached including the following terms:

• Delivery to its premises located at ZAC “Les Pins” 5, Av. Roland Moreno, 77124 Meaux;
• Delivery no later than April 25
• All orders will be paid in full before dispatch of the goods;
• The law applicable to this agreement is French law. All disputes arising hereunder shall be submitted to arbitration by the European Arbitration and Mediation Center.

Have the companies AXION and STOCKETIK concluded a valid contract in accordance with applicable law?