Terms and conditions of sale

These terms and conditions of sale (hereinafter the "Terms and Conditions") apply to any purchase made by an Internet user or natural person (hereinafter the "CUSTOMER") on the website https://vazane.com/ (hereinafter the "WEBSITE") from the company Lora & Zéboutin EIRL (hereinafter the "SELLER"), whose registered office is located at the following address:
Lora & Zéboutin EIRL - 14 Rue Stéphanie - 67100 STRASBOURG (France).

SIRET number : 89058238000014
Email : hello@vazane.com


IMPORTANT: any order placed on the SITE implies the CUSTOMER's unreserved acceptance of these General Terms and Conditions of Sale.


The terms used below have the following meanings in these General Terms and Conditions:

"General Terms and Conditions" / "GTC": refers to these General Terms and Conditions of Sale, available on the SITE.

"SITE": refers to the Internet site accessible at https://vazane.com/, enabling CLIENTS to purchase PRODUCTS.

"CUSTOMER(S)": refers to the SELLER's co-contractor, who warrants that he/she is a consumer as defined by French law and jurisprudence. As such, it is expressly stipulated that this CLIENT is acting outside of any usual or commercial activity.

"DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated when the order was placed, or at the boutique in the case of boutique pick-up.)

"PRODUCT(S)": refers to all products available on the SITE.

Article 2. PURPOSE

These General Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.

The CLIENT is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.


The CUSTOMER undertakes to read these Terms and Conditions carefully and to accept them, before proceeding with the payment of an order for PRODUCTS placed on the SITE. The present General Conditions are referenced at the bottom of each SITE page by means of a link and must be consulted before placing an order. The CLIENT is invited to carefully read, download and print the General Terms and Conditions, and to keep a copy.

The SELLER advises the CUSTOMER to read the General Conditions with each new order, as the latest version of the said General Conditions applies to all new PRODUCT orders. By clicking on the first button to place the order and on the second to confirm the order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.


In order to purchase a PRODUCT, the CLIENT must be at least 18 years of age and have legal capacity or, if a minor, be able to justify the agreement of his/her legal representatives. The CLIENT will be asked to provide identifying information by completing the form available on the SITE.

In this form, all input fields must be filled in for the SELLER to process the CLIENT's order, unless "Optional" is indicated next to the input field. The CLIENT can check the status of his order on the SITE.

Where applicable, DELIVERY can be tracked using the online tracking tools of certain carriers. The CLIENT may also contact the SELLER at any time by e-mail at hello@vazane.com to obtain information on the status of his order.

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

Article 5. ORDERS

5.1 Product characteristics

The Products offered for sale on the SITE are as follows:
- Leather goods

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the SITE.

The CLIENT undertakes to read this information carefully before placing an order on the SITE. The choice and purchase of a Product are the sole responsibility of the Customer. The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular according to the seasonality of its collections. Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.

Product offers are either :
- For purchase by choosing from existing stock
- Pre-ordered, i.e. manufactured at the customer's request, according to the available collection.
- Custom orders, made to customer specifications. Materials and colors are worked according to personal inspiration.

Deadlines and conditions for each category are specified when the order is placed.

The customer declares that he/she has read and accepted these terms and conditions of sale by checking the appropriate box before proceeding with the SITE's online ordering procedure.

In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.

5.2. Ordering procedure

PRODUCT orders are placed directly on the SITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's start page, the steps may differ slightly).

5.2.1. PRODUCT selection and purchase options

The CLIENT must select the PRODUCT(S) of his/her choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, it is placed in the CLIENT's shopping cart. The CLIENT may then add as many PRODUCTS as he/she wishes to his/her basket, subject to availability.


5.2.2. Commands

Once the PRODUCTS have been selected and placed in the shopping basket, the CLIENT must click on the basket and check that the contents of the order are correct. Once the CLIENT has validated the contents of the basket, he/she will be asked to identify him/herself or to fill in an online registration form. On this same page, the CLIENT is invited to check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) and to choose his mode of delivery before validating its contents. The CLIENT may then proceed to payment for the PRODUCTS by following the instructions on the Easytransac payment page and providing all the information required for invoicing and DELIVERY of the PRODUCTS. Orders placed must include all the information required to process the order.


5.2.3. Acknowledgement of receipt

Once all the steps described above have been completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the order acknowledgement is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated via the registration form is correct.

The SELLER does not send order confirmations by post or fax.


5.2.4. Billing

During the ordering process, the CUSTOMER must enter the information required for invoicing: all fields must be filled in for the CUSTOMER's order to be processed by the SELLER, unless "Optional" is indicated next to the entry field). In particular, the CUSTOMER must clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address. The SELLER sends the CUSTOMER an e-mail acknowledging receipt of the order, with the invoice attached.

5.3. Order date

The order date is the date on which the SELLER acknowledges online receipt of the order. The lead times indicated on the SITE only begin to run from this date.

5.4. Prices

For all PRODUCTS, the CLIENT will find prices displayed on the SITE in euros, all taxes included, as well as the applicable delivery charges (depending on the DELIVERY address and the carrier or mode of transport chosen). In particular, prices include value-added tax (VAT) at the rate in force on the order date. Any change in the applicable rate may have an impact on the price of the PRODUCTS from the date on which the new rate comes into force. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.

The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales. The prices indicated are valid unless there is a gross error. The applicable price is that indicated on the SITE on the date the order is placed by the CLIENT.

5.5. Availability of PRODUCTS

Depending on the PRODUCT concerned, the SELLER applies "just-in-time" inventory management. Consequently, depending on the case, the availability of PRODUCTS depends on the SELLER's stocks. The SELLER undertakes to honour orders received subject to the availability of PRODUCTS. The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. In any event, if unavailability was not indicated at the time of ordering, the SELLER undertakes to inform the CLIENT if the PRODUCT is unavailable. The SELLER may propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT. If the CLIENT decides to cancel his order for unavailable PRODUCTS, he will obtain reimbursement of all sums paid for the unavailable PRODUCTS, without delay and at the latest within thirty (30) days of payment.

Article 6. Right of withdrawal

6.1. Withdrawal principle

According to article L221-18 of the French Consumer Code, "the consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his decision or bear costs other than those provided for in articles L. 221-23 to L. 221-25.

The period mentioned in the first paragraph runs from the day :
- The conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4.
- Of receipt of the goods by the consumer (CLIENT) or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal from the moment the contract is concluded.

6.2. Withdrawal period

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

The SELLER offers the CLIENT an additional period of sixteen (16) calendar days in addition to the legal period, i.e. a total of thirty (30) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT(S).

6.3. Notification of right of withdrawal

To exercise his right of withdrawal, the CLIENT must notify his decision to withdraw from this contract by means of an unambiguous statement to : Lora & Zéboutin EIRL - 14 Rue Stéphanie - 67100 STRASBOURG (France) or to hello@vazane.com

In order for the withdrawal period to be respected, the CLIENT must transmit its communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

6.4. Effects of withdrawal

In the event of withdrawal by the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the date on which the SELLER received the PRODUCT returned by the CLIENT. The SELLER will make the refund using the same means of payment that the CLIENT used for the initial transaction, unless the CLIENT expressly agrees to a different means. In any event, this refund will not incur any costs for the CLIENT.

6.5. Return policy

The CLIENT shall, without undue delay and in any event no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to : Lora & Zéboutin EIRL - 14 Rue Stéphanie - 67100 STRASBOURG (France)

This period is deemed to have been respected if the CLIENT returns the goods before the fourteen (14) day period has expired.

6.6. Return shipping costs

The SELLER will bear the direct cost of returning the goods if the CUSTOMER is in Metropolitan France. They are the responsibility of the CLIENT if the CLIENT is abroad. The SELLER recommends sending the PRODUCT via a reliable carrier that provides a tracking number.


6.7 Condition of returned goods

The PRODUCT must be returned according to the SELLER's instructions. The PRODUCT must be returned in its complete packaging.

A PRODUCT that is incomplete, damaged, soiled, etc. will not be taken back.


6.8. Packaging

The PRODUCTS are packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CLIENTS must comply with the same standards when returning PRODUCTS. In this respect, the CLIENT is invited to return the PRODUCT(S) that do not suit him/her in their original packaging and in good condition, suitable for remarketing.


6.9. Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

  • Supply of goods or services whose price depends on fluctuations in the financial market.
  • Supply of goods made to the CLIENT's specifications or clearly personalized.
  • Supply of goods likely to deteriorate or expire rapidly.
  • Supply of sealed audio or video recordings or software that have been unsealed after delivery.
  • Newspaper, periodical, magazine (except subscription contracts)
  • Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance.
  • Supply of goods which by their nature are inseparably mixed with other items.
  • Supply of sealed goods that cannot be returned for health or hygiene reasons and that have been unsealed by the CLIENT after DELIVERY.
  • Supply of alcoholic beverages, the price of which has been agreed at the time of conclusion of the sales contract, delivery of which can only be made after thirty (30) days and the actual value of which depends on market fluctuations beyond the SELLER's control.
  • Supply of digital content not supplied in dematerialized form if performance has begun with the express prior agreement of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal.
  • Contracts concluded at a public auction.

For reasons of hygiene or health protection, the CLIENT may not exercise his right of withdrawal for orders of underwear and swimwear when the PRODUCT(S) have been removed from their original packaging, or for orders of used PRODUCT(S) or those showing signs of use.


This means that the CLIENT cannot withdraw from the personalized offer.


Article 7. PAYMENT

7.1. Payment methods

The CLIENT may pay for PRODUCTS online on the SITE using the methods proposed by the SELLER. The CLIENT guarantees the SELLER that he/she holds all the authorizations required to use the chosen means of payment. The SELLER trusts its service providers Shopify payments, Paypal and Alma to take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of the online payment process. It is hereby specified that all payment information is transmitted to Shopify payments, Paypal and Alma respectively (depending on the payment solution you have chosen) and is not processed on the SITE.


7.2. Payment date

In the case of a single payment by credit card, the CLIENT's account will be debited as soon as the PRODUCT(S) order is placed on the SITE.


7.3. Delay or refusal of payment

If the bank refuses to debit a card or other means of payment, the CLIENT must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment. In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.


Article 8. Proof and archiving

Any contract concluded with the CUSTOMER corresponding to an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the French Consumer Code. The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request. In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.


Article 9. Transfer of ownership

The SELLER remains the owner of the PRODUCTS delivered until they have been paid for in full by the CLIENT. The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by the CLIENT, or by a third party designated by the CLIENT other than the carrier, of the risks of loss or damage to the PRODUCTS subject to retention of title, as well as the risks of damage they may cause.


Article 10. Delivery / Shop pick-up

10.1. Shipping and delivery times

The time required to prepare an order, before shipment or availability of PRODUCTS in the store, is mentioned on the SITE, on the order page. These times do not include weekends or public holidays.

For the personalized offer, the manufacturing and delivery time will be communicated directly to the customer during the first exchange for his order.


10.2. Delivery times and costs

During the ordering process, the SELLER indicates to the CLIENT the possible delivery times and shipping methods for the PRODUCTS purchased. Shipping costs are calculated according to the delivery method. The amount of these costs is offered in France and abroad. Customs fees are the responsibility of the CLIENT for international shipments. Details of delivery times and costs are given on the SITE, when the DELIVERY method is selected.


10.3 DELIVERY problems

In the event of non-receipt of the parcel within a reasonable period of time, the CLIENT may take action against the SELLER, who will refund the total amount paid for the PRODUCTS using the same method of payment used by the CLIENT to purchase the PRODUCTS. Depending on the CLIENT's preference, the SELLER may, instead, proceed with a new shipment of PRODUCTS. The SELLER is responsible until the PRODUCT is DELIVERED to the CLIENT. It is reminded that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted at the time of delivery.


In the event of non-delivery due to an incorrect address entered by the CLIENT, or any other cause of the CLIENT's own making (absence of name on the mailbox, lack of information, etc.), the return of the parcel will be rearranged, at the CLIENT's expense. If the PRODUCT is returned to the SELLER because the CLIENT has not collected the PRODUCT from the collection point within the allotted time, the return of the parcel will be rearranged at the CLIENT's expense.


The following in particular are considered as cases of force majeure discharging the SELLER from his obligation to deliver: war, riot, fire, flood, strikes, accidents, the impossibility of being supplied...


It is the CUSTOMER's responsibility to check shipments on arrival and to make any reservations and claims that appear justified, or even to refuse the package if it is likely to have been opened or if it bears obvious signs of deterioration. Said reservations and claims must be addressed to the carrier by registered letter with acknowledgement of receipt within three (3) working days, not including public holidays, following delivery of the products, with a copy immediately sent to the SELLER. Failure to lodge a claim within the aforementioned time limits will extinguish any action against the carrier in accordance with the provisions of article L 133-3 of the French Commercial Code.


The CUSTOMER must ensure that the items delivered correspond to the order. In the event that the items delivered do not conform in kind or quality to the specifications indicated in the order confirmation, the CUSTOMER must inform the SELLER by email: hello@vazane.com
and return the items to : Lora & Zéboutin EIRL - 14 Rue Stéphanie - 67100 STRASBOURG (France)
and under the conditions specified in article 6.


Article 11. Packaging

The PRODUCTS will be packaged to ensure maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS agree to use the same packaging when returning PRODUCTS under the conditions set forth in the SELLER's withdrawal policy.


Article 12. Warranties

12.1. Warranty of conformity

The SELLER is obliged to deliver a PRODUCT that is in conformity, i.e. fit for the use expected of a similar good and corresponding to the description given on the SITE. This conformity also implies that the PRODUCT has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the SELLER, including in advertising and on labelling. In this context, the SELLER is liable for defects of conformity existing at the time of delivery and for defects of conformity. In the event of a lack of conformity, the CUSTOMER may request replacement or repair of the PRODUCT, at his or her option. However, if the cost of the CLIENT's choice is manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CLIENT. In the event that replacement is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address:
Lora & Zéboutin EIRL - 14 Rue Stéphanie - 67100 STRASBOURG (France)


12.2 Warranty against hidden defects

The SELLER is bound by the warranty for latent defects in the PRODUCT sold which render it unfit for its intended use, or which impair such use to such an extent that the CLIENT would not have purchased it, or would have paid a lower price for it, had he known of them. This warranty allows the CLIENT, who can prove the existence of a latent defect, to choose between reimbursement of the price of the PRODUCT if it is returned, and reimbursement of part of its price if the PRODUCT is not returned. In the event that replacement is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT, in exchange for the return of the PRODUCT by the CLIENT to the following address:
Lora & Zéboutin EIRL - 14 Rue Stéphanie - 67100 STRASBOURG (France)


Article 13. Liability

The SELLER may not be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular during order entry. The SELLER may not be held responsible, or considered as having failed to comply with the present terms and conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of French courts and tribunals. It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, the SELLER accepts no liability for the information published on these sites. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.


Article 14. Personal data

14.1 Use of personal data collected on the site

In general, the CUSTOMER can visit the SITE without having to identify him/herself or provide any personal information. However, the SELLER may occasionally request information from the CLIENT. The SELLER may process personal information:

  • to respond to written requests made on the contact form,
  • for the purposes of billing and shipping an order,
  • for the purpose of collecting information to improve our site and measure the site's audience (via Google Analytics, for example).
14.2. Destination of personal data collected on the site

The data collected via the contact form is intended for the SELLER to process your request and will not be communicated, transferred or disclosed to third parties.
Data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. Only the shipping service provider selected at the time of ordering and the payment service provider are recipients of the CLIENT's personal information following an order. We invite you to consult the confidentiality policy of the shipping and payment service providers.


14.3. Retention of personal data collected on the site

Personal information is kept by the SELLER only for the time corresponding to the purpose for which it was collected, which in any case may not exceed 10 years after the date of the CUSTOMER's last order.
Concerning the retention of data collected by the Google Analytics audience measurement tool, we invite you to consult the privacy policy of Google Inc (https://policies.google.com/technologies/retention?hl=fr).


14.4. Right of access, modification and deletion

In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, as amended, the CLIENT has the right to access, rectify, modify, oppose and delete data concerning him or her.

The CUSTOMER may exercise these rights by writing to the SELLER (enclosing proof of identity) at the following e-mail address: hello@vazane.com

The SELLER undertakes to reply to your request for access, rectification or opposition or any other additional request for information within a reasonable period of time, which may not exceed one (1) month from receipt of your request.


14.5. Cookies

The SITE uses cookies. A cookie is a small file which does not allow the user to be identified, but which records information relating to the browsing of a computer on a site. The data obtained in this way is intended to facilitate subsequent navigation on the SITE, and makes it possible to collect various measures of SITE traffic, such as the pages most frequently consulted by visitors or the time spent on the SITE.


When browsing this SITE for the first time, a banner explaining the use of "Cookies" will appear. By continuing to browse, the CLIENT and/or visitor to the SITE will be deemed to have been informed of and to have accepted the use of said "Cookies".


The consent given will be valid for a period of twelve (12) months. The CLIENT and/or visitor has the option of deactivating "Cookies" via their browser settings.


However, deactivating all cookies may prevent you from accessing certain services.

The SITE may use several types of cookies:

  • Cookies that are strictly necessary for browsing the site and ensuring its smooth operation;
  • Cookies used to compile visitor statistics;
  • Social network cookies and plug-ins;

The following cookies may be used on this SITE (non-exhaustive list): Google cookies

  • Google Analytics: measures the site's audience;

The lifetime of these cookies is thirteen (13) months.

For more information on the use, management and deletion of "Cookies", for any type of browser, please consult the following link: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.

At any time, users can choose to express and modify their wishes with regard to cookies.


Article 15. Claims

The SELLER provides the CUSTOMER with a contact form.


Article 16. Intellectual property rights

The SELLER is the owner of the intellectual property rights or holds the rights of use on all the elements accessible on the SITE, in particular the texts, images, graphics, logos, icons, sounds, software.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the SITE, whatever the means or process used, is forbidden, except with the prior written authorization of the SELLER.


Any unauthorized use of the SITE or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.


Any use of information from the SITE must mention the source of the information. The SITE's Internet address must appear in the reference.


Trademarks mentioned on this site are registered by the companies that own them.


Article 17. Validity of the General Conditions

Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions.


Any such modification or decision shall in no way authorize the CLIENTS to disregard these General Terms and Conditions. All terms and conditions not expressly dealt with herein shall be governed in accordance with usage in the retail sector, for companies whose registered office is located in France.


Article 18. Modification of the General Terms and Conditions

These Terms and Conditions apply to all purchases made online on the SITE, for as long as the SITE is available online. The General Conditions may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order. Changes to the General Terms and Conditions will not apply to PRODUCTS already purchased.


Article 19. Jurisdiction and applicable law

These General Terms and Conditions and the relationship between the CLIENT and the SELLER are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction. However, prior to any recourse to an arbitral or state court, negotiation in a spirit of loyalty and good faith will be preferred with a view to reaching an amicable agreement in the event of any dispute relating to the present contract, including those concerning its validity. The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. Throughout the negotiation process and until its conclusion, the parties undertake to refrain from taking any legal action against each other in relation to the dispute under negotiation. By way of exception, the parties are authorized to bring an action before a court of summary jurisdiction or to apply for an order on petition. Any action brought before a court of summary jurisdiction or the implementation of a petition procedure does not imply any waiver of the amicable settlement clause on the part of the parties, unless they expressly wish otherwise.