Terms and conditions

Preliminary article

"Website": designate the web domain meero.com.

"Clients": designates the professionals and individuals having subscribed to a Meero offer.

"Media" means any type of audio and / or visual content that Meero delivers to the Customer. The Media is used to promote a good or service of the Customer.

"Shoot": designates all the Media Meero delivers to their clients. This can include photographs, videos etc...

"Services": designate the organisation and the delivery of Meero shoots for the client, through the website and through the API (defined below).

"Profile": designates all the web pages visible to the client when signing in using their log in details. The Profile is essential to order Shoots, to visualise the Media of the Shoots and to make payment for the Services.

"Account": designate the all information relating to the Client, available on the profile.

"Product": designates all Media, purchasable from Meero, which can be ordered online.

"Destination": designates the use the Client can make of the Shoot/Media.

"Users": designate people having access to the Website.

"Order": designates the booking of the shoot made by the Client

API: designate an access mode to developed Services by the Company in order to display them on a website, a mobile application or other type of digital medium. An API is a computing front clearly delimited through which an INternet website will be able to offer services to another Internet website through automated calls.

Meero reserve the right to amend its Terms & Conditions (below) at any time, for any reason and without any prior warning. The modifications will be applicable immediately after the publishing of the new Terms & Conditions.

The Clients are liable to read them regularly, as the continuity in the use of the platform by the latter signifies their agreement to any modification. If at any time the Client doesn't agree with the Terms & Conditions, they will have to cease completely and immediately any use of the platform.

1. Object

The Meero company exploits a platform accessible on the Website, allowing indivuduals and/or professionals to book and to plan shoots of any kind of property by selected Photographers and to buy the photographs of the properties in order to promote them.

The purpose of these general terms and conditions is to define the terms and conditions of booking the Photographer and the purchase of the photo shoots, as well as to define the rights and obligations of the parties in this context.

They are accessible and printable at any time through a direct link on the page bottom of the Website's home screen .

They constitute the entire deal between parties and apply, without restriction nor legal rerserve to all transactions made through the Website.

2. Exploitant of the Website

The Site is operated by Meero, a simplified joint-stock company with a share capital of € 13,099, registered with the Paris Trade and Companies Register under number 800 523 664, whose head office is located at 3 rue des Renaudes - 75017 Paris (hereafter: «Meero»).

For any claims, Meero can be contacted at the following coordinates:

Address: 28 Rue d'hauteville - 75010 Paris

Phone: +33 1 76 31 00 52

Email address: contact@meero.com

3. Access to the Site and Services

The Site and the Services are accessible:

All physical people having full legal capacity to commit to the present Terms & Conditions. Any physical person who doesn't have full legal capacity can only have access to the Website and to the Services with the agreement of their legal representative.

To any legal person acting through a natural person having the legal capacity to contract on behalf of and for the account of the legal person.

The Site and Services are intended for professionals, acting within the scope of their activity, as well as individuals for personal use. All authorizations necessary for the photography of the goods must imperatively be granted to the "customers" before being passed on to a photographer.

4. General conditions agreement

The acceptance of the present General Conditions is materialized by a check box at the time of the validation of the order, mentioned in article 7.1.

This agreement can only be full and whole. All membership is considered null and void.

The Customer who does not agree to be bound by these terms and conditions must refrain from accessing the Website or use of the Services.

By agreeing to the Terms & Conditions, the Client accepts that Meero can modify, cancel, update, reconfigure or limit the access to the Platform and the Services, without having to warn the Client.

5. Access to the Services

Registration on the Website

Access to the Services requires the Customer to register on the Site, by completing the form provided for this purpose. The Customer must provide all the information marked as mandatory. In particular, they must indicate whether they are professional or particular.

When registering, the Customer must choose a Username and a password, modifiable at any time.

All incomplete registration will not be validated.

5.1. Customer Account Information

The registration automatically opens an account in the name of the Customer (hereinafter: the "Account"), giving them access to a personal space that allows them to manage their use of the Services in a form and according to the means and techniques that Meero deems most appropriate.

The Customer guarantees that all the information he / she provides in the registration form is accurate, up-to-date and truthful and is not misleading. The Customer agrees to update this information in their Personal Space in case of modifications, so that they always correspond to the aforementioned criteria.

The Customer is informed and agrees that the information entered for the purpose of creating or updating their Account is valiant proof of their identity. The information entered by the Customer submits them as soon as it is validated.

5.2. Use of email addresses and phone number

By creating an Account, you agree that Meero may send you SMS and email information as part of the normal operation of business arising from your use of the Services.

5.3. Confidentiality

The Customer may access their Personal Space at any time after identifying themselves with their login and password.

The Customer is also responsible for maintaining the confidentiality of their username and password. They must immediately contact Meero at the coordinates mentioned in article 2 hereof if they notice that their Account has been used without their knowledge. They acknowledge Meero's right to take all appropriate measures in such cases.

1. Use of the customer's account by a third party

The Customer also has the opportunity to benefit from the Services of any person of their choice, under their full responsibility.

The Client recognizes that all use of the Services by Users have been authorized by the Client.

Meero will not be responsible for any misuse of services by these Users.

6. Description of the Services

6.1. Ordering

The Services allow the Clients to books a Shoot: the Order

The Customer has access to the Services by placing an Order on the Site, via their Account.

The Customer who wishes to place an Order must complete the form and provide details including:

  • The information relating to the Shoot subject (address, essential characteristics);
  • Select one of the Products offered on the Site.
  • Each Product includes a given number of Media;
  • the date and time for the realization of the Shooting through a calendar.

Before validating the Order and making payment, the Customer has the opportunity to check the characteristics of the Order using the summary made available on the Site. He has the possibility, at this stage, to correct and / or modify his Order.

Once the Order has been validated and the General Conditions accepted, the Customer proceeds to the payment of the Order, in accordance with the terms and conditions set out in article 8 below.

The Customer further agrees to provide valid information as to the purpose of the shooting. Otherwise, the Customer will not be able to receive the Media before having settled the difference with the Report made by Meero. Meero reserves the right to apply in addition a penalty when billing the shooting.

6.2. Confirmation of your Meero order

When the order has been paid, Meero confirms the order with the customer.

The Customer must then ensure that the contact information that they have provided during the Order or the update of their Account are correct and that they allow them to receive the order confirmation email. In the absence of receipt, the Customer must contact Meero at the coordinates mentioned in Article 2.

6.3. Cancellation or modification of an Order

6.3.1. Cancellation at the initiative of Meero

Meero reserves the right to cancel or postpone any Order.

In the event that Meero cancels an Order, it will inform the Customer by phone and / or email and will offer, as desired, a credit of the amount of the Order or the postponement of the Order to another date accepted by the Customer.

6.3.2. Cancellation or amendment of the date of the shoot, initiated by the Client

The Customer has the option to cancel or postpone an Order under the conditions below (except special conditions, contracted with the customer).

In the case of a cancellation or postponement of an order paid before the 24 hours preceding the date of the Shooting, the Customer will receive a credit of the amount of the Order.

A cancellation or postponement within 24 hours before the date of the Shooting will nevertheless incur the charging of the Customer with a penalty of 50% of the amount of the order. (except special conditions, contracted with the customer)

Meero will provide acknowledgement of receipt of this cancellation or postponement by any means it deems useful.

6.3.3. Cancellation or amendment of the date of the shoot, initiated by the Client

In the case of a cancellation within 2 hours of the order, and in the case of an order already paid, the price of the Order will be refunded to the Customer on the bank account used for payment, as soon as possible.

6.4. Implementation of the Shoot

As per indications mentioned in the Confirmation of Order, the photographer selected by Meero will show up to the location as per client's instructions on the scheduled date and time in order to proceed with the shoot.

6.5. Media Delivery

As per the indications provided in the Order Confirmation, the photographer selected by Meero will show up to the location provided by the Client upon the date and time agreed in order to perform the Shoot.

6.5.1 Provision of Media

The Media from the Shoot are made available for the Client on their Profile, on a 48 hours deadline from the time of the Shoot.

Meero sends an email to the Customer with information concerning the availability of the Medias on their Account.

The Client can select the number of Media they wish. The number of Media varies according to the product chosen by the Client.

They also have the capability of purchasing additional Media among those made available on their Account.

No Media is to be delivered on paper, CD ROM or USB key.

The Media selected are available, accessible and ready for download for the Client on their Profile for the duration of validity of the Profile, meaning until the Client decides to unregister from the Services in the conditions mentioned in article 19.

The Customer undertakes the necessary measures to safeguard, by his own means, the Medias purchased during the period of their making available on the Site.

The Client understands that they will not have access to any Media Ordered in case of the closing of their Account and that no copy will be provided by Meero.

6.5.2. Delay of delivery

In the event of a breach of its delivery obligation within the above deadline, Meero agrees to reimburse the Customer for 10% of the amount of the ordered product, provided that they make the request by mail to the contact details mentioned in Article 2 no later than four (4) days after the completion of the Shooting.

The Client's refund request must mention the following information:

  • Address and Telephone number
  • the date and number of Order,
  • the reason for the refund claim.

Subject to the Customer's compliance with these conditions, Meero agrees to credit the Customer's bank account used to pay the amount of the refund as soon as possible and at the latest within seven (7) days of receipt of payment of the demand. Meero also agrees to deliver the Media within forty-eight (48) hours of the Client's request for reimbursement.

7. Prices and Payment Methods

7.1. Price

Meero offers their Cleints products of which the characteristics are mentioned on the Website, during the making of an Order.

The price of the products includes the realization of the photo shoot and the purchase of the Media.

The Client has also the ability to buy additional Media, according to the modalities stated in article 8.2, for the unit price stated on the Website during the purchase.

Unless otherwise stated, prices are expressed in Euros, excluding taxes, and all taxes included.

Meero reserves the right, at its discretion and in accordance with terms and conditions of which it will be the sole judge, to offer promotional offers or price reductions.

Meero also reserves the right to offer the Customer a Pack, including a grouping of several products. In this case, the Customer agrees to pay the full price of the Pack, even if they would not use all the products available in the said Pack.

7.2. Price-revision

The prices stipulated can be the object of a revision at any time, to the absolute discretion.

The applicable prices are those in force on the day of the placing of an Order.

It is the responsibility of the Customer to take note of the prices applicable during an Order or the purchase of additional Media.

7.3. Payment Terms

7.3.1 For non-professional Clients

The payment of the products is due during the validation of the Order, except special conditions, at the discretion of Meero

The payment of additional Media is due at the time of purchase on the Site.

The payments are carried out online, by bank card or by SEPA transfer, via the secured payment service provider.

By providing the IBAN and confirming the payment, the customer authorizes:

Meero and Stripe, Meero's payment service provider, sent instructions to the bank to debit the account and the bank is to debit the account in accordance with Meero's instructions

In addition, they are entitled to reimbursement by their bank according to the conditions described in the agreement they have with them. Any request for reimbursement must be made within 8 weeks of the date of debiting their account.

The customer has the possibility to register both means of payment. Meero will not store its information, which is only stored by Stripe, the payment service provider.

Meero will provide an invoice available on the Client's Account, onto a dedicated space.

7.3.2 For Professional Clients

Professionals have the facility to pay:

  • online at the time of Order validation and / or purchase of additional Media,
  • or on a monthly invoice summarizing all the Orders made during the month, in the case where a direct debit (SEPA or credit card) has been validated.

The Professional Client must, prior to the payment of his / her Order, activate the monthly invoicing mode on his / her Account.

The online payment is due:

  • During the validation of the Order for the purchase of a Product;
  • At the time of purchase of Additional Media.

It is made by credit card or credit transfer via the secure payment service provider.

By providing the IBAN and confirming the payment, the customer authorizes:

  • Meero and Stripe, the payment service provider, to send instruction to their bank to debit their account in accordance with Meero's instructions
  • In addition, they are entitled to reimbursement by their bank according to the conditions described in the agreement they have with them. Any request for reimbursement must be made within 8 weeks of the date of debiting their account.

The Client has the ability to save the two methods of payment. Meero commits not to store their information, which are only stored by Stripe, the payment service provider.

When the Customer chooses a monthly invoice, he pays the invoices upon receipt, by one of the means indicated on the invoices.

In the case of a payment by check, the Service will be made only after the cashing of the check by Meero.

7.4. Compensation

The Customer expressly agrees that all obligations of payment arising between themself and Meero, which are not subject to discussion as to their enforceability and amount, shall be compensated between them, by right and without formality, that the conditions of legal compensation are met or not.

However, this compensation may not have the effect of exempting the parties from their accounting obligations relating in particular to the issue of invoices.

7.5. Payment problems

The Customer agrees that Meero has the necessary permissions to use the chosen payment method.

The Customer is informed and expressly agrees that any delay in payment of all or part of an amount due on its due date will automatically result, without prejudice to the provisions of the article "Sanction of the breaches" and without prior notice:

  1. The forfeiture of the term of all sums due by the Customer and their immediate payment;
  2. the immediate suspension of the Services in process until the full payment of all the sums due by the Customer;
  3. If the Customer is:
    1. An individual: the billing in favor of Meero of a late interest rate of 1.5 times (one and a half times) the rate of legal interest, sitting on the amount of all the sums due by the Customer .
    2. A professional: the invoicing in favor of Meero of a late interest at the rate of 3 times (three) the rate of the legal interest, sitting on the amount of all the sums due by the Customer and an indemnity lump sum payment of 40 (forty) €.

7.6. Title Retention

Meero retains the full ownership of the Media sold until the whole receipt of their price.

7.7. Financial transaction

Financial transactions relating to the payment of the Reportages and Medias via the Site as part of the execution of these general conditions are entrusted to a payment service provider, named on the Site which ensures the smooth running and security, in compliance with Articles 521-2 et seq. of the French Monetary and Financial Code.

Customers contract directly with said service provider with regard to the implementation of financial transactions, accepting the general terms and conditions of the latter by means of a checkbox when registering on the Site.

Meero does not intervene in the transactions which are carried out under the sole responsibility of the aforementioned payment service provider. They are not aware of the bank details of the Clients.

7.8 Conversion between euros and other currencies when paying the Photographers

Meero, whose headquarters is located in France, operates entirely in euros.

If the User's bank account is in another currency, Meero will use the Boursorama exchange rate at the time of payment to convert between the currency concerned and the Euro.

If the exchange rate between the currency and the euro is not available on Boursorama, Meero will then be obliged to transfer the amount due in euro, thus resulting in conversion fees from the bank of the Photographer, at the expense of the latter.

8. Right of withdrawal

The provisions of this article are reserved for Customers who are individuals who use the Services for their own specific needs.

The Customer has a right of withdrawal of a period of fourteen (14) days from the date of Confirmation of the Order, except in the case where the Service has been performed. They may exercise this right by sending to Meero, at the coordinates mentioned in article 2, before the expiry of the mentioned period, the withdrawal form attached in Appendix 1 duly completed, or by sending to Meero any other declaration, devoid of any ambiguity, expressing their willingness to retract.

In order to benefit from a photo shoot before the end of this period, the Customer must accordingly and prior to the date of the Shooting, waive, expressly, the exercise of their right of withdrawal. To do so, he must return to Meero the waiver of the right of withdrawal form attached in Appendix 2, or send them any other declaration, unambiguous, expressing their wish to retract.

When the right of withdrawal is exercised before the end of the period of fourteen (14) days referred to above, the sums possibly withdrawn from the Customer will be refunded, within a period of forty-eight (48) hours.

9. Meero's Data

The Customer acknowledges and agrees:

  • that the data collected on the Site and the computer equipment of Meero are evidence of the reality of the operations intervened within the framework of those present,
  • that this data constitutes the only accepted mode of proof between the parts, in particular for the calculation of the sums due to Meero.

The Customer can access this information in their Personal Area.

10. Client's obligations

Without prejudice to the other obligations provided herein, the Customer agrees to respect the following obligations:

10.1. Laws and rules

When using the Service, the Client commits to respect the laws and rules in effect and not to violate any rights, third parties or public order.

Their are the sole liable party for fulfilling all administrative, fiscal and / or social obligations, and for payment of any contributions or taxes of any nature, when applicable, in relation to purchasing the Services. Meero's liability will not be engaged in this matter under any circumstances.

10.2 Characteristics of the Services

The Client acknowledges having read and understood the characteristics and constraints on the Website, in particular technical, in relations to all the Services. The Client has sole responsibilty for using the Services.

10.3 Personal use of the Services

The Customer agrees a strictly personal use of the Services . They are therefore prohibited from assigning, granting or transferring all or part of their rights or obligations hereunder to any third party in any way whatsoever.

10.4. Exactitudes of data

The Client commits to provide Meero only with any kind of information or data that must be exact, updated and honest, and must not be ambiguous. The client commits to update this information regularly to make sure it always respect the criteria aformentioned.

10.5. Completeness of data

The Client commits to provide Meero all information necessary to the proper implementation of the Services. More generally, the Client commits to cooperate actively with Meero for the proper implementation of the present Services.

10.6. Use of Services

The Client is the sole liable party of the use of the Services. It is their responsibility to check the adequacy of the Services to their specific needs prior to making an order.

Saving media...

The Client has to take the necessary measures to save the information of their Profile, but also the purchased Media, as Meero will not provide the Client with another copy.

10.7 Internet connection

The Client is informed and understands that the application of the Services necessitates and Internet connection and the quality of the Services is directly dependent on this connection for which he has sole responsibility.

11. Client's guarantee

The Customer warrants Meero against all claims, actions and / or allegations that Meero may suffer as a result of Customer's breach of any of its obligations or warranties under these terms and conditions.

They commit to compensate Meero any prejudice suffered and to pay all fees, charges and/or any sentences that Meero would sustained.

12. Prohibited behaviours

12.1. Use of the Services

It is strictly forbidden to use the Services to the follwing ends:

  • the performance of illegal, fraudulent or infringing activities or the rights of third parties,
  • the harm to public order or violation of laws and rules in effect,
  • the intrusion into the computer system of a third party or any activity likely to harm, control, interfere or intercept all or part of the p5: computer system of a third party, to violate its integrity or security,
  • sending unsollicited email and/or prospect or commercial sollicitation,
  • operations intended to improve the referencing of a third-party site,
  • the help or incentive, under which ever form and of which ever manner, to one or more of the acts and activities aforementioned,
  • and more generally, all practice diverting the Services to other ends than the originals for which it was conceived.

12.2. Technology and Site Concept

It is strictly forbidden for the Client to copy and/or embezzle the concept, the technologies or any other element of the Website to their or any third parties' end.

12.3. Computer intrusion

Are also strictly forbidden:

  • any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services,
  • all intrusions or attempts of intrusion into Meero's system,
  • all diversions of the resources of the system of the Website,
  • any action likely to impose a disproportionate burden on the infrastructure of the latter,
  • any harm to security and authentification measures,
  • any act likely to affect the financial, commercial or moral rights and interests of Meero or the users of its Site,
  • and finally more generally any breach of the present Terms & Conditions.

12.3. Resale

It is strictly forbidden to monetize, sell or concede all or part of the access to the Services, as well as the information that is hosted and / or shared.

13. Misconduct sanctions

In the event of any breach of any of the provisions of these terms and conditions or, more generally, any violation of the laws and regulations in force by a Customer, Meero reserves the right to take any appropriate measure, including:

  1. suspend, delete or block the access to the Service by the client, author of the misconduct or of the violation, or having participated,
  2. notify any relevant authority,
  3. take all appropriate measures and engage judiciary actions.

In case of misconduct of the Client of an essential obligation of the Terms & Conditions, Meero reserves the right to resiliate their access to their Profile and all or parts of the Services, with immediate effect.

The cancellation becomes effective as of the date a registered letter with acknowledgment of receipt is sent by Meero.

It automatically engages the deletion of the Client's Profile, without prior warning nor prejudice of other consequences potentially induced in other application of the present terms and conditions.

14. Meero's liability and warranty

14.1. Obligations of means

Meero commits to deliver the Services with diligence and use of proper rules, knowing that an obligation of certain means is expected. On the other hand, Meero isn't bound to any obligation of result, which the Client recognizes and to which they expressly agree.

1. Results

Meero declines all responsability in the event of loss of information accessible on the Client's account. The Client must save copies all information and cannot claim damages for loss of information.

Meero doesn't guarantee the Client:

  1. That the Services, subjected to a constant search to improve the performance and the progress, will be totally free from errors, vices or defects.
  2. that the Services, being standardized and not created for a sole given Client, and according to their own personal constraint, will answer specifically to their needs and expecations.

In any event, the liability that may be incurred by Meero under this agreement is expressly limited to proven direct damages suffered by the Customer as individuals who use the Services for their own purposes.

Meero declines all liability to professional clients for payment of damages, of any nature whatsoever, direct, material, commercial, financial or moral, claimed by the Client through usage of the Services, for an amount superior to that invoiced by Meero as payment for access to the Services for which it is responsible, at the time the damages claimed occurred.

Moreover, Meero's liability can only engaged if the Client has made an official complaint, sent by recorded delivery with receipt confirmation, in a delay of on month following the incident.

15. Intellectual Property

15.1. Intellectual property of Meero

The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by Meero within the Site, as well as the Site itself - are protected by any intellectual property rights or rights of database producers in force.

All disassembling, decompilations, decoding, extractions, reuses, copies and more generally, all reproduction, representation or distribution acts and use of any of these elements, as a whole or a part, without Meero's authorisation are strictly forbidden and will be the object of legal proceedings.

15.2. Media Owner

Clients recognize and accept that the Media ordered are the exclusive property of Meero who grants the Clients the right to use them under the conditions set out below.

The Media is intended to promote the property, the place, the object or the service which constitutes the object of it especially for it's enhancement, or the communication.

  1. Meero grants the Customer the right to exploit the Media in strict compliance with the destination. This right of exploitation includes the right to use and reproduce the Media on any medium.
  2. The present exploitation law is granted to the Client in an non exhaustive way during the entire legal duration of the copyright and for the entire world.

16. Personal data

Meero has a personal data protection policy which the characteristics are listed in the document named "Chart relating to personal datat protection", which the Client is expressely invited to read.

17. Advertisement and commercial references

Meero reserves the ability to insert all commercial or promotional messages on any page of the Website under any form and under any conditions of which Meero will be the sole judge.

The Professional Client acting in the context of its activity also expressly authorizes Meero to quote and reproduce its trade name and / or brand and / or logo as commercial references, especially during events or events including promotion, in its commercial or advertising documents and on its websites, in any form whatsoever, for a period of five (5) years from the date of an Order.

18. Third party links and sites

Meero will not be made liable under any circumstances for the technical availability of the websites or mobile applications exploited by third parties (including potential partners) which the Client would access through the Website.

Meero does not endorse any liability for the content, advertising, products and / or services available on such third-party mobile sites and apps which are reminded that they are governed by their own terms of use.

Meero is not responsible for any transactions between the Customer and any advertiser, professional or merchant (including any potential partners) to which the Customer is directed through the Site and may not be party to any possible disputes with these third parties concerning in particular the delivery of products and / or services, guarantees, declarations and any other obligations to which these third parties are held.

19. Duration of the Services, unsubscribe

Services are underwritten for an indefinite period.

The Client can unsubscribe to any Services at any time through their Profile.

The unsubscription is effective immediately, subject to the execution of Orders in progress. It causes the automatic deletion of the Customer Account.

In the case of any on going Order when requesting unsubscription, the deletion of the Account will be pending until the successful implementation of the Order.

During this period, the Customer will not be able to place new Orders.

20. Modifications

Meero reserves the ability to amend at any time the Terms & Conditions.

The General Conditions that are in force on the date of the order shall be applied.

21. Language

In the event of a translation of these terms into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.

22. Mediation

The disposition of the present article are reserved to the Client having the quality of individuals using the Services for their own needs.

In the event of any dispute relating to these terms and conditions, the Customer has the right to free use of a consumer mediator in accordance with Articles L152-1 of the French Consumer Code.

A list of accredited mediators is available on the Consumer Mediation website at the following address:

https://www.economie.gouv.fr/mediation-conso

Furthermore, the Client has the ability to make a complaint via the online dispute resolution platform (known as DRP) accessible through the below link:

https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR

This link is also accessible through the Website, under the relevant section.

In case of failure in the appointment of the mediator or the mediation itself, the most diligent party may refer the matter to the competent court according to the terms of Article 23 below.

23. Applicable law and competent jurisdiction

The current Terms & Conditions are regulated under French law.

In the event of a dispute as to the validity, interpretation and / or performance of these general conditions and in the absence of a friendly settlement between the parties or with the assistance of a mediator, the parties agree that the courts of Paris will be exclusively competent to judge, except contrary mandatory rules of procedure.