The company “MABG INTERNATIONAL”, a simplified joint stock company with a single shareholder and a capital of 10 000 euros, whose registered office is located at 14 avenue de l’Opéra 75001 Paris, registered at the Paris Trade and Companies Register under number 880 041 959, represented by its Chairman, Mr. Alain AMIRKHANIAN (hereinafter referred to as “MABG“), in the context of the sale of works of art and collector’s items from the world of boxing, presented on the website www.megtheartofboxing.com (hereinafter the “Website“).
DESCRIPTION OF THE PRODUCTS PRESENTED ON THE WEBSITE www.megtheartofboxing.com
MABG markets boxing goods, works of art and collectibles (the “Products“).
The Products are marketed to individuals and professionals, particularly in the field of art.
MABG markets the Products in agreement with the artists and in accordance with the legal and regulatory provisions of the French Intellectual Property Code.
It is understood that the purchase of the Products is governed by the General Terms and Conditions of Sale (GTCS) accessible from the Website and distinct from the present Terms and Conditions.
INTRODUCTORY ARTICLE. DEFINITIONS
« Customer »: means the consumer or professional who proceeded to the purchase of the Product;
By this action, the Customer adheres to these General Terms and Conditions of Use;
The Customer is also subject to the General Terms and Conditions of Sale (GTCS) of MABG, which were transmitted to him and accepted at the time of the sale of the Product ;
« Product »: means the goods, works, works of art and collector’s items marketed by MABG, as offered for sale on the Website;
« Website »: means the website published by MABG and available at the following address: www.megtheartofboxing.com from which the Customer can consult the presentation of the Products;
« User »: refers to the natural or legal person who browses the Website, without having purchased the Product, and who has accepted the General Terms and Conditions of Use accessible from the Website, by this sole fact.
ARTICLE 1. OBJECT
These General Terms and Conditions of Use (hereinafter referred to as the “GTCU”) are intended to govern the use of the www.megtheartofboxing.com Website and the various services present on this media.
Any use or simple viewing of the Website implies that the User and the Customer undertake to comply with these GTCU.
These Terms and Conditions are accessible at any time from the Website and will prevail, where applicable, over any other version or any other contradictory document.
Changes to these Terms and Conditions of Use shall be binding on the User and the Customer of the Website as of the time they are put online.
The User and the Customer are strongly advised to regularly refer to the latest version of the Terms and Conditions of Use, which is permanently accessible from the Website. It is understood that the User and the Customer are deemed to accept this latest version at each new connection.
Any new development or feature of the Website’s services will be subject to the present GTCU.
These GTCU therefore apply, without restriction or reservation, to Users and Clients of MABG.
ARTICLE 2. ACCESS TO THE WEBSITE
In general, in order to use the Website, the User and the Customer must have an internet browser and an internet connection. The costs of all communications making the connection to the Internet network accessible remain the exclusive responsibility of the User and the Customer.
The Website is accessible 24 hours a day and 7 days a week, except in the event of force majeure or events beyond MABG’s control.
However, MABG reserves the right to interrupt access to the Site, without prior notice to the User and the Customer, for technical maintenance or any other reason (in particular in the event of a security breach), without the User or the Client being able to claim any compensation or hold MABG liable for any reason whatsoever.
It is hereby specified that if certain terminals should be incompatible with the Website in particular due to a technical difference in Bluetooth, MABG shall in no way be held liable for such incompatibility.
ARTICLE 3. THE USER’S GUARANTEES
3.1. Use of the Website
The User states, ensures and undertakes to use the Website only for lawful purposes, under the conditions and within the limits of the present GTCU, without prejudice to the rights of third parties or those of MABG.
The User undertakes to : (i) respect in all circumstances the image of the Website, the Product and MABG; (ii) to respect the characteristics and constraints, particularly technical, of the Website and the Product; (iii) to collaborate with MABG by providing it with all the information necessary for the proper execution of these GTCU.
The User guarantees MABG against any and all complaints, claims, actions and/or demands whatsoever that MABG may suffer from as a result of the User’s breach of any of his or her obligations or warranties to third parties or under these GTCU. The User undertakes to compensate MABG for any prejudice it may suffer in this respect and to pay MABG all costs, charges and/or sentences it may have to bear as a result.
3.2. Specific obligations of the User
The User undertakes not to attempt to gain unauthorised access to the networks and systems connected to the Website operated by MABG, or to attempt to transmit viruses or any other computer program harmful to MABG.
ARTICLE 4. INTELLECTUAL PROPERTY
All the elements created for the purposes of the animation and operation of the Website, such as sounds, images, photographs, videos, writings, animations, programs, graphic design, utilities, databases, software and other underlying technologies, are protected by the provisions of the French Intellectual Property Code, with MABG having exclusive rights to use them.
Any distinctive sign appearing on the Website, in particular corporate names, trademarks and logos are trademarks registered by MABG or by third parties or partners and used on the Website with their authorization.
Any total or partial reproduction, modification or use of these corporate names, trademarks, logos, photographs, images, sounds, videos, writings, animations, programs, graphic designs, utilities, databases, software or other underlying technologies, for any reason and on any medium whatsoever, without the express prior consent of MABG or the third parties concerned is strictly prohibited and would constitute an infringement punishable under the French Intellectual Property Code.
The User undertakes to use the content of the Website in a strictly private context.
Use of the Website for commercial purposes is strictly prohibited.
The User must request prior authorization from MABG for any reproduction, publication or copy of the various contents of the Website.
However, MABG grants the Customer a free, non-exclusive, personal and non-transferable right to use the contents of the Website published by MABG, which the Customer expressly agrees not to copy, modify, adapt, represent, integrate or exploit in any way whatsoever.
ARTICLE 5. PERSONAL DATA
MABG undertakes that the collection and processing of personal data carried out via the Website in the context of a contact with MABG by the Customer, a contact with MABG by e-mail or telephone to request information on a Product and/or to order a Product are made in compliance with the General Data Protection Regulation (GDPR) no. 2016/679 of 27 April 2016, and the French Data Protection Act no. 78-17 of 6 January 1978, regularly amended, the new provisions of which are applicable as of 1 June 2019.
This personal data will be processed in accordance with the Personal Data Processing Policy, which can be consulted on the Website.
ARTICLE 6. COOKIES
During consultation of the Website, or any sub-domain attached to the Website, cookies may be deposited on the User’s computer, mobile, tablet or any other computer medium.
The use of these cookies requires the prior consent of the User.
The User will find the information specific to the cookies used on the Website.
ARTICLE 7. LIABILITY
7.1 Use of the Website by the User
The User is solely responsible for any direct or indirect damage and prejudice of any nature whatsoever, if it is caused, founded or originated by fraudulent or non-fraudulent use of the Website by the User.
The User therefore waives any claim or legal action relating to such damages and prejudice.
7.2 Operation of the network
Use of the Website implies the User’s knowledge and acceptance of the characteristics and limitations of the Internet and the technologies related to it.
MABG shall not be held liable for any damage whatsoever arising from a connection to the Website, which the User carries out under his or her sole responsibility.
In this respect, MABG declines all liability, in particular in the event of misuse or incident related to the use of the device, Internet access, maintenance or malfunction of servers, telephone line or any other technical connection, claims or other requests addressed by the User to MABG to a wrong or incomplete address, computer errors of any kind or defects found on the Website.
In addition, MABG endeavours to provide accurate and up-to-date information on the Website.
However, MABG shall not be liable for any inaccuracies or omissions on the Website.
ARTICLE 8. MISCELLANEOUS PROVISIONS
MABG reserves the right to amend the present terms at any time.
It is therefore recommended that the Customer regularly reviews the terms.
The nullity of all or part of one of the provisions of the terms shall not entail the nullity of the other provisions.
ARTICLE 9. APPLICABLE LAW – LANGUAGE – DISPUTE
These terms are governed and subject to French law and are written in French. In the event that they are translated into one or more languages, only the French text shall be authoritative in the event of a dispute.
Any dispute arising from the formation, interpretation or execution of these terms shall be subject to the exclusive jurisdiction of the courts of Paris, notwithstanding plurality of defendants or third parties.
For any questions relating to the operation of the Website and/or these GTCU, the User and the Client may contact MABG at the following address: firstname.lastname@example.org.