12.1. Failure of COTY to enforce at any time any of the provisions of these Terms and Conditions will not be construed to be a continuing waiver of any provisions hereunder nor will any such failure prejudice the right of COTY to take any action in the future to enforce any provisions hereunder.

12.2. The provisions of these Terms and Conditions are severable and distinct from one another, and, if at any time any of the provisions is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions shall not in any way be affected or impaired.

12.3. The various headings in these Terms and Conditions are inserted for convenience only and shall not affect the meaning or interpretation of these Terms and Conditions, or any revision hereof.

12.4. The provisions contained in these Terms and Conditions contain the entire agreement between the Customer and COTY with respect to an Order and supersedes all other communications between Customer and COTY relating to an Order hereunder. These Terms and Conditions will not be varied except by an instrument in writing subsequently executed by each party.