The present terms and conditions (hereinafter “the terms”) form the basis of the commercial relationship between the parties, in accordance with Article L. 441-1 of the French Commercial Code.
They precisely set out the rights and obligations of “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.
INTRODUCTORY ARTICLE. DEFINITIONS
« Customer »: means the consumer or professional who proceeded to the purchase of the Product;
« Order »: means each acquisition of a Product by the Customer under the conditions provided for in these General Terms and Conditions of Sale;
« Delivery Period »: means the period between the date of Order Validation and the date of Order Delivery to the Customer;
« Delivery Costs »: means the cost of the expenses incurred to send the Product ordered to the Delivery address indicated by the Customer;
« 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;
« Order Validation »: has the meaning given in Article 2.2.
ARTICLE 1. OBJECT AND ENFORCEABILITY
The present terms are intended to govern the sale of the products presented on the Website.
They apply to all sales concluded by the company.
They are systematically communicated to the Customer who proceeds to the purchase of the Product marketed by MABG and remain freely available for consultation on the Website.
The placing of an order implies acceptance of the terms. It is up to the Customer to take them into account before purchasing.
The Customer acknowledges having read the terms before placing the order.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Customer declares (i) to be in a position to contract legally under the legislation in force, or declares (ii) to validly represent the natural or legal person for which he or she commits.
ARTICLE 2. TERMS OF ORDERS
2.1. Placing of orders
In order to complete the Order, the Customer shall contact MABG by email or telephone. MABG’s email address and telephone number can be found on the Website.
2.2. Validation of orders
The order will be validated after the Customer has contacted MABG and agreed on the total cost, including delivery charges.
2.3. Payment by the customer
Payment by the Customer is preferably made by bank transfer. PayPal, Visa and Mastercard are accepted.
The bank details to which the payment should be made will be communicated by MABG after agreement on the sales price, including delivery costs.
The details of this payment are set out in Article 3.2 below.
2.4. Order confirmation
MABG shall confirm each Order to the Customer by sending a summary e-mail containing all information relating to the content of the Order, including payment terms.
ARTICLE 3. PRICE – PAYMENT
The prices applicable to the Product are those displayed on the Website on the day of the Order. These prices are subject to change at any time by MABG.
Where the Website indicates that the price is on request, the price of the Product will be communicated by MABG when the Customer contacts MABG.
The prices displayed on the Website are valid only at the time of the Order.
The prices indicated on the Website, with respect to the Product, are understood to be in euros, including all taxes, and excluding delivery charges.
For deliveries made outside the French territory, the provisions of the French General Tax Code regarding VAT shall be applicable.
In addition, in certain countries, delivery requires custom declarations, as well as custom fees and taxes not taken into account at the moment of the order. Any such custom duties and taxes shall be borne by the Customer.
It is therefore incumbent upon the Customer to inform himself beforehand of the declarations, fees, custom duties and other costs applicable to the execution of his Order in the country of delivery.
3.2. Terms of payment
After contacting MABG to place an order, MABG’s bank details will be provided in view of the Order’s payment.
The payment is due within 7 days following the Order.
No Product will be shipped before MABG has received the full payment.
For companies and independant professionnals it is possible to finance the works present on the Website through a leasing contract which may include a purchase option.
Once payment for the Product has been made, MABG will send the Customer, who already accepts it, an invoice relating to the Product, by e-mail to the e-mail address provided by the Customer.
3.4. Retention of title
The sold Product remains the property of MABG until the full payment of its price, in accordance with this retention of title clause.
In the event that it is not possible to debit the amount of the Order, the Order will be cancelled.
ARTICLE 4. DELIVERY OF THE PRODUCT – RIGHT OF WITHDRAWAL – RECLAMATION
4.1. Mode and place of delivery
MABG’s products are delivered through a specialized company.
Once the Order is validated in accordance with the terms of article 2 above, the Customer receives the confirmation of the dispatch of his Order.
The Product is delivered to the address indicated by the Customer at the moment of the placement of order.
The Product can be delivered from France, throughout the world, unless the delivery service provider imposes an impossibility of delivery.
In the event of absence of the Customer at the time of delivery, a non-delivery notice (depending on the country where the Product is delivered) is in principle left by the postal services or the carrier in the Customer’s letterbox.
In the event that the delivery time stipulated by the carrier is exceeded, the package will be returned to MABG, which will then contact the Customer for possible reshipment at the Customer’s expenses.
4.2 Delivery charges
The amount of the delivery charges depends on the Product ordered and the place of delivery.
In any event, the amount of the delivery costs is communicated to the customer before the Order is validated.
4.3. Delivery time
MABG undertakes to ship the Product to the Customer within a maximum of 7 business days from the date of payment of the Order by the Customer.
This period of time may be increased, without liability to MABG, due to delays imposed by subcontractors/partners that MABG may call upon.
4.4 Late delivery
In case of late delivery, the Order will not be cancelled.
MABG will inform the Customer by e-mail that the delivery will be delayed.
The Customer may then decide to cancel the Order and shall send a notice of cancellation of the Order by e-mail to the following address firstname.lastname@example.org .
In the event that the Order has not yet been dispatched upon receipt by MABG of the Customer’s cancellation notice, the delivery of the Product shall be blocked and the Customer shall be refunded any sums debited (excluding delivery costs) within thirty (30) days following receipt of the cancellation notice by MABG.
In the event that the Order has already been dispatched upon receipt by MABG of the Customer’s cancellation notice, the Customer may still cancel the Order by refusing the package. MABG shall then proceed to reimburse the Customer of the amounts debited (excluding delivery costs) within thirty (30) days following receipt of the refused package, complete and in its original condition.
4.5 Verification of the Order upon delivery / Complaint
The Customer is required to check the condition of the packaging as well as the Product upon delivery.
It is up to the Customer to make any reservations and claims he deems necessary, or even to refuse the package, when the package is obviously damaged on delivery. The said reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of delivery of the Product. The Customer must also send a copy of this letter to MABG. Failure to make a claim within the aforementioned period shall extinguish any action against the carrier in accordance with article L 133-3 of the French Commercial Code.
The Customer must ensure that the Product delivered to him corresponds to the Order. In the event of non-conformity of the Product in kind or in quality with the specifications mentioned in the delivery note, the Customer must inform MABG thereof by e-mail or telephone, specifying the date and the Product that is the subject of the Order.
4.6. Withdrawal for non-professional customers
4.6.1 Conditions of the right of withdrawal
Concerning the Products, it is provided by the legal provisions in force (article L221-18 et seq. of the French Consumer Code) with regard to distance selling, that the consumer benefits from a period of fourteen (14) clear days from the date of delivery of the Product to exercise his right of withdrawal, without having to justify his reasons, or pay any penalties, with the exception, where applicable, of the cost of return.
The decision to withdraw must be notified to MABG by e-mail to email@example.com, and by registered letter with aknowledgement of receipt, to the address mentionned at the top of the present terms.
MABG shall send the Customer an aknowledgement of receipt of such withdrawal by e-mail as soon as possible.
4.6.2 Effects of the right of withdrawal
The Customer must return or restitute the Product to MABG no later than fourteen (14) days following the communication of his/her decision to withdraw, unless MABG offers to recover its goods itself.
Where the right of withdrawal is exercised, MABG must reimburse the Product, excluding delivery costs, as soon as possible, and at the latest within fourteen (14) days from receipt by MABG of the request to exercise the right of withdrawal by the Customer, and if the Product concerned has been received by MABG during this period.
However, in accordance to paragraph 2 of article L221-24 of the French Consumer Code, this reimbursement period must be deferred until MABG recovers the Product or until the Costumer has provided proof of the dispatch of the Product concerned, whichever is the earliest of the two events.
Where applicable, MABG will make the refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and insofar as the refund does not incur any costs for the Customer.
The cost of returning the Product remains the responsibility of the Customer, and the transport of the Products thus returned is the Customer’s responsibility.
The Product concerned must be returned:
- properly protected, in its original packaging, accompanied by all its accessories, in perfect condition for resale (not damaged or soiled);
- accompanied by the sales invoice in such a way as the Customer can be identified (Order number, surname, first name, address);
- with no obvious sign of a long period use (more than a few minutes) on the Product, that is that the Product does not bear the mark of a prolonged use exceeding the time required for its testing and is in a condition allowing its resale.
The Client is only liable for the depreciation of the Product resulting from manipulations other than those necessary to establish the nature and characteristics of this Product.
ARTICLE 5. Guarantees
5.1 MABG guarantees
MABG is subject to the legal guarantee conditions provided for in Articles L. 217-4, L. 217-5 and L. 217-12 of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code.
5.1.1 Guarantee of conformity (articles L. 217-4 et seq. of the French Consumer Code)
Under this legal guarantee, the Customer:
- has a period of two (2) years from the delivery of the Product to act;
- may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code.
- or, if the first two solutions are impossible, may opt for the reimbursement of the price of the Product by MABG within thirty (30) days of his/her request (Article L.217-10 of the French Consumer Code) using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and insofar as the reimbursement does not incur any costs for the Customer.
5.1.2. Guarantee against hidden defects (articles 1641 et seq. of the French Civil Code)
Within the framework of the guarantee against defects of the item sold, MABG, at the Customer’s discretion, undertakes, after assessment of the defect :
- either to reimburse the full price of the returned Product;
- or to reimburse part of the price of the Product if the Client decides to keep it.
The refund must be made within thirty (30) days of the request, using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and insofar as the refund does not incur any costs for the Customer.
5.1.3. Implementation of MABG’s guarantees
In order to implement one of the above guarantees, it is the Customer’s responsibility to contact MABG in order to obtain the necessary instructions for the return of the Product, by email at firstname.lastname@example.org, and by registered letter with acknowledgement of receipt to MABG, to the address mentioned at the top hereof.
The cost of returning the Product shall remain at the expense of the Customer, except for Customers implementing the guarantee of conformity of articles L. 217-4 et seq. of the French Consumer Code.
5.2 The Customer’s guarantees
The Customer undertakes to provide MABG with accurate, verified and updated information.
As soon as the Customer initiates the Order process, the Customer guarantees that he or she has the means to honor the sums that will be due in respect of the Order and undertakes to pay them within the time limit set.
The Customer undertakes to notify MABG directly and without delay of any difficulties that may arise in connection with the performance of his or her obligations – in particular payment obligations – towards MABG.
ARTICLE 6. FORCE MAJEURE – CUSTOMER’S FAULT
6.1 Force majeure
Force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1218 of the French Civil Code.
In particular, the following shall be considered force majeure binding on the Customer: any impediment, limitation or disruption of service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, flood, power failure, war, embargo, laws, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of MABG.
In such circumstances, MABG’s performance of its obligations under these terms will be suspended.
MABG will notify the Customer of the occurrence of such act of God or force majeure within 30 (thirty) days from the date of the occurrence of the event.
6.2. Customer’s fault
The implementation of any technical process, such as robots or automatic requests, which contravenes the letter or the spirit of the present terms, will be considered as a fault of the Customer.
6.3. Technical Problems
In the event of impossibility of access to the Website, due to technical problems of any kind, the Client may not claim any damages and may not claim any compensation. The unavailability of one or more online services, even if prolonged and without any time limit may not constitute a prejudice to the Customer and may not give rise to any award of damages on the part of MABG.
MABG will make its best efforts to ensure that the photographic representation of the Products on the Website is as faithful as possible to the Product itself.
However, due to the digital presentation of products or services on the Internet, it is possible that the Customer’s perception of the photographic representation of the Product may not correspond exactly to the Product itself.
These variations and differences cannot be attributed to MABG.
ARTICLE 7. 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 Intellectual Property Code.
The Customer undertakes to use the content of the Website in a strictly private context.
Use of the Website for commercial purposes is strictly prohibited.
The Client must request prior authorization from MABG for any reproduction, publication or copy of the various contents on 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 8. 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 9. PRIVACY
MABG and the Client agree not to disclose any confidential information received in the course of performing their obligations.
Confidential information is information of any kind, whether visual or oral, contained in any medium whatsoever, relating to the structure, organization, business, various internal policies, projects or personal life of each of the parties.
The Client acknowledges and agrees that MABG shall not be liable for any loss, damage, costs or injury caused by the loss, delay, interception, hijacking or alteration of any e-mail caused by any event.
ARTICLE 10. MISCELLANEOUS PROVISIONS
10.1 Modification of the terms
MABG reserves the right to amend the present terms at any time.
It is therefore recommended that the Customer regularly reviews the terms.
Any amendment, termination or abandonment of any of the clauses of this Contract shall only be valid after written and signed agreement between the Parties.
10.2 Invalidity of a clause
The nullity of all or part of one of the provisions of the terms shall not entail the nullity of the other provisions.
10.3 Independance of the parties
Neither party may make any commitment in the name and/or on behalf of the other party.
Moreover, each party remains solely responsible for its allegations, commitments, services, products and personnel.
10.4 No waiver
The fact that one of the parties to these General Terms and Conditions of Sale does not take advantage of a breach by the other party of any of the obligations referred to in these General Terms and Conditions of Sale shall not be interpreted for the future as a waiver of the obligation in question.
ARTICLE 11. 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 case 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.
ARTICLE 12. CUSTOMER ACCEPTANCE
These Terms are expressly approved and accepted by the Customer.
The latter declares that he or she is fully aware of them and therefore waives the right to rely on any contradictory document and, in particular, his or her own general terms and conditions, which shall be unenforceable against MABG, even if the latter has been made aware of them.