TERMS OF SALES

1 – Preamble

The company Ma Box de Cross, whose legal notices are on the website, is a limited liability company with capital of 1000 euros.

The website accessible at the address " https://maboxdecross.fr/ " allows the company Ma Box de Cross to offer a platform to inform, connect, encourage and support the CrossFit ®, Cross Training and Functional Fitness community, both through articles, videos, but also by referencing the boxes with their characteristics. The site also allows to offer for sale objects directly or indirectly related to CrossFit ®, Cross Training and Functional Fitness via the page: " https://mbcstore.fr/ "

The Company is the owner and publisher of the website https://www.mbcstore.fr/ (hereinafter “the Site”). The Site is hosted by Shopify, domiciled at 126 York St. Ottawa, ON K1N 5T5, in Canada. 

Governed by Articles L.111-1 et seq. of the French Consumer Code, these general terms and conditions of sale determine the rights and obligations of the parties. By the mere fact of validating his/her order on the website accessible at the address " https://mbcstore.fr/ ", the user declares to have read, understood and accepted without reservation the terms of said order as well as all of these general terms and conditions of sale.

It is specified that the products are intended for personal use by the user, without any direct connection with the user's professional activity.

2- Presentation of the Company

These General Conditions of Sale apply, without restrictions or reservations, to all sales concluded by the company Ma Box de Cross, a limited liability company with capital of 1000 euros, registered in the Pontoise Trade and Companies Register under number 884 241 878, represented by Fabien Loyer, and whose registered office is located at 11 rue de Navarre 77700 Serris (hereinafter referred to as “The Company”) to consumers and professional or non-professional buyers (hereinafter the “Customer” or “Customers”), wishing to acquire the products (hereinafter the “Products”) offered for sale by the Company via its site.

3 – Definitions

“Customer” means the professional, non-professional, or Consumer who has placed an order for a product sold on the website “ https://mbcstore.fr/ ”;

“Order” means any order placed by the User on the website;

“General Conditions of Sale” or “GCS” means these general conditions of sale, use and online sale;

“Consumer” means the buyer who is a natural person who is not acting for professional needs and/or outside his professional activity;

“Parties” means the Company and the Client;

“Products” means material things that can be appropriated and which are offered for sale on this site;

“Professionals” means the buyer, whether a legal entity or natural person, who acts within the framework of his professional activity to which the provisions applicable to consumers do not apply;

“Site” means the sales page of the Company’s website, i.e. “ https://mbcstore.fr/ ”;

“Company” means the company Ma Box de Cross, more fully described in article 2 hereof;

“User” means any natural or legal person who uses and browses this Site.

4 – Purpose

The purpose of these General Terms and Conditions of Sale is to define, worldwide, exclusively by reason of the relationships they establish on the Internet and only on the Site, the rights and obligations of the Parties arising from the online sale of the Products offered on the Site. They specify in particular the conditions of Order, payment, delivery and management of any returns of the Products ordered by the Customers.

Any User of the Site undertakes to comply, without restriction or reservation, with these General Terms and Conditions, whether visiting it or placing an Order. The Customer is required to read them before placing any Order.

The main characteristics of the Products and in particular the specifications, illustrations and capacity indications of the Products are presented on the Site. It is the Customer's responsibility to take them into account before purchasing.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and are accessible at any time on the Site and are systematically communicated to the Customer who requests them. In the event of a subsequent modification of the General Terms and Conditions of Sale, the version applicable to the Customer's purchase is the one in force on the Site on the date the Order is placed.

The Customer declares having read and accepted these General Terms and Conditions before placing his Order.

Validation of the Order by the Customer therefore constitutes acceptance of these General Terms and Conditions without restriction or reservation, and prior, full and complete adherence to the General Terms and Conditions of Sale.

Any contrary condition set by the Client would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.

5 – Legal capacity

To purchase the products, it is imperative to be of legal age and capable, i.e. legally considered authorized to enter into a contract. The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Site.

6 – Geographic area

Products are available for delivery worldwide. Costs and delivery times vary depending on the destination and are calculated automatically when ordering. For more details, see our Shipping page .

The products are offered on the site in French and English.

7 – Access to the service

Before using the Site, the Customer must ensure that he has the technical and IT resources to use the Site and order the Products on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the IT configuration of his hardware/equipment is in good condition and does not contain viruses.

The Site is in principle accessible to the Consumer at all times, except in the event of voluntary or involuntary interruption, in particular for maintenance or force majeure. The Company being in fact, by its activity, bound by an obligation of means, it cannot be held responsible for any damage of whatever nature, resulting from unavailability of the Site.

8 – Deactivation of customer account

In the event of non-compliance with the obligations arising from the acceptance of these General Terms and Conditions, incidents of payment of the price of an Order, provision of incorrect information when creating the account or acts likely to harm the interests of the Company, the latter reserves the right to suspend access to the Ma Box de Cross service or, depending on the seriousness of the acts, to terminate the customer account. The Company reserves the right to refuse to contract with a Customer who has been excluded or sanctioned for such actions.

9 – Proof

The Client acknowledges the validity and probative force of the electronic exchanges and recordings kept by the Company and acknowledges that these elements receive the same probative force as a handwritten document under Law No. 2000-230 of March 13, 2000 adapting the law of evidence to information technologies relating to electronic signatures.

10 - Ordering Products on the site

The Company reserves the right to correct the content of the Site at any time.

The Customer can find on the product page the period during which, or the date until which, the products are available on the market.

The Products offered for sale are described and presented with the greatest possible accuracy. However, a minimal variation in the color of the product(s) does not engage the responsibility of the Company and does not affect the validity of the sale.

The Customer selects the Product(s) he/she wishes to purchase, then adds it/them to his/her virtual basket, and can access the summary of his/her Order at any time by pressing the “basket” button.

The Order summary presents the list of the Product(s) that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the Product(s) in the Order. The Customer has the possibility to modify his Order and correct any errors before proceeding with the acceptance of his Order.

After accessing the summary of his Order, the Customer confirms acceptance of his Order by checking the box to validate the General Terms and Conditions, then by clicking on the Order validation icon. The words "Order with payment obligation" or a similar wording free of any ambiguity appears next to the Order validation icon in order to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.

After acceptance of the General Terms and Conditions and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.

After validating his Order and in order to proceed with payment, the Customer enters the contact details to which he wishes to obtain delivery of the Products, and the billing details if they are different. The delivery process is described in Article 12 of these General Terms and Conditions.

The Company then sends him an Order confirmation by email, including the elements of the summary of his Order and the delivery addresses and, where applicable, the billing addresses provided.

After having validated their delivery details and, where applicable, their billing details, the Customer proceeds to pay for their Order according to the terms specified below.

The validation of its delivery details and, where applicable, invoicing details will result in the formation of the sales contract between the Company and the Customer.

11 - Price and payment conditions of the order

The prices are mentioned on the Site in the Product descriptions, in euros and excluding tax and including all taxes.

The total amount is indicated in the Order summary, before the Customer accepts these General Terms and Conditions, validates his Order, enters and validates his delivery details and, where applicable, billing details and proceeds to payment. This total amount is indicated inclusive of all taxes.

The Order of Products on the Site is payable in euros. The entire payment must be made on the day of the Order by the Customer, by bank card, unless special conditions of sale are expressly accepted by the Customer and the Company.

In the event of payment by credit card, the Site uses the Stripe security system, a service provider specializing in online payment security. This system guarantees the Customer the complete confidentiality of their banking information. The banking transaction by credit card, carried out between the Customer and the secure system, is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the Company.

The Customer guarantees to the Company that he has the necessary authorizations to use the payment method when placing the Order.

The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that would be owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

Within three (3) days of receipt of the order, a request to debit the bank account will be sent to the paying organization.

The sales contract will be concluded upon receipt of the authorization to debit the account by the paying organization.

In the event of total or partial non-payment of the Products, the Customer must pay the Company a late payment penalty at a rate equal to three (3) times the legal interest rate.

In addition to late payment compensation, any amount, including the deposit, not paid on its due date by the Professional Client will automatically result in the payment of a fixed compensation of forty euros (€40) due as recovery costs.

No compensation may be made by the Customer between penalties for late provision of the services ordered and amounts owed by the Customer to the Company for the purchase of Products offered on the Site.

The penalty owed by the Customer is calculated on the amount including tax of the sum remaining due, and runs from the due date of the price.

12 - Use of services/delivery

The products offered on the Site can be delivered to any location in the world. The Company undertakes to deliver the product(s) ordered within the following timeframes:

  • Metropolitan France: 2 to 7 working days.
  • Europe: 2 to 9 working days.
  • United States and Canada: 3 to 7 business days.
  • Rest of the world: 8 to 20 working days.

These deadlines are given as an indication and may vary during periods of high activity (sales, promotions, holidays, etc.) or in the event of force majeure.

Shipping costs are calculated automatically when ordering and depend on:

  • The destination of the package.
  • The total weight and dimensions of the products ordered.

Free delivery: Delivery costs are free for orders over €80, regardless of the destination.

The Customer is informed by email when his order is ready and shipped. This email includes a tracking number to follow the delivery of the package.

The Customer must ensure that the information provided when ordering (delivery address, contact details) is correct and up to date. Any change to the information after the order has been validated must be reported without delay to the Company's customer service.

In the event of an error or incorrect information provided by the Customer resulting in a delay or impossibility of delivery, the Company shall not be held liable. A second delivery attempt may be made at the Customer's request, but the additional costs shall be borne by the latter.

Any order not delivered within 30 working days from the validation date, except in cases of force majeure or fault of the Customer, may be subject to cancellation. In this case, the Customer will be fully reimbursed within 14 days following receipt of the written request.

In the event of a return of the order due to the absence of the Customer at the address indicated or for any other reason, the Customer may request a second delivery. The reshipping costs will be borne by the Customer.

For any questions regarding delivery, the Customer can contact customer service at the following address: contact@mbcstore.fr .

13 - Customer service

For any request for information, clarification or for any complaint, the Customer must contact, as a priority, the Company's customer service, in order to allow the latter to attempt to find a solution to the problem.

The Company's customer service is available from 9:30 a.m. to 6:30 p.m. using the following contact details:

Email: contact@mbcstore.fr

Mail : 11 rue de Navarre 77700 Serris.

14 - LEGAL AND COMMERCIAL GUARANTEES

All products offered by the Company are subject to the legal guarantee of conformity provided by law, and in particular Articles L.217-3 and L.217-5 of the Consumer Code, and to the guarantee of hidden defects provided by Articles 1641 and 1648, first paragraph, of the Civil Code:

The non-compliant product will be subject to replacement or, failing that, to a price reduction or termination of the contract.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

Thus the Client:

(i) benefits from a period of two (2) years from delivery of the product to take action in the event of a lack of conformity of the Product

(ii) is exempt from providing proof of the existence of the lack of conformity of the goods during the ten (6) months following delivery of the product,

(iii) may choose between repair or replacement of the product, or failing that, price reduction or termination of the contract, in accordance with Article L. 217-8 of the Consumer Code.

In addition, the Customer may also implement the legal guarantee for hidden defects in the item sold, within the meaning of Articles 1641 et seq. of the Civil Code. The legal guarantee for hidden defects allows the Customer, within two years from the discovery of the defect, the reimbursement of a Product that has proven to be unfit for its use.

The warranty against hidden defects allows the Customer to be protected against hidden defects in the product purchased which prevent its use or affect it to such an extent that the Customer would not have purchased it.

The Customer then has the choice between two options: keep the product and request a price reduction, or return the product and request a refund of the price paid, in accordance with article 1644 of the Civil Code.

The following legal provisions are recalled:


Art. L217-3 of the Consumer Code:

“The seller delivers goods that comply with the contract and with the criteria set out in Article L. 217-5 .

It is liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1 , which appear within two years of delivery.

In the case of a contract for the sale of goods containing digital elements:

1° When the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for any lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods;

2° Where the contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller shall be liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is supplied under the contract.

For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19 .

The seller is also liable, during the same time periods, for defects in conformity resulting from the packaging, the assembly instructions, or the installation when this has been placed at his expense by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code . The starting point for the limitation period for the consumer's action is the day on which the latter becomes aware of the lack of conformity.

Art. L217-4 of the Consumer Code:

“The property is in conformity with the contract if it meets, in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;

4° It is updated in accordance with the contract.

Art. L217-5 of the Consumer Code:

“I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:

1° It is suitable for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;

4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19 ;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

1° That he did not know them and was not legitimately able to know them;

2° That at the time of conclusion of the contract, the public statements had been rectified in conditions comparable to the initial statements; or

3° That the public statements could not have had any influence on the purchasing decision.

III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract.

Art. L217-7 of the Consumer Code:

“Any lack of conformity which appears within twenty-four months of delivery of the goods, including goods containing digital elements, shall, unless proven otherwise, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect alleged.

For used goods, this period is set at twelve months.

Where the contract for the sale of a good containing digital elements provides for the continuous supply of digital content or a digital service, any defects of conformity which appear are presumed to exist at the time of delivery of the good:

1° During a period of two years from the delivery of the goods, when the contract provides for this supply for a period of less than or equal to two years or when the contract does not determine the duration of supply;

2° During the period in which the digital content or digital service is provided under the contract, when the contract provides for this provision for a period exceeding two years.

Art. L217-8 of the Consumer Code:

“In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or to termination of the contract, under the conditions set out in this subsection.

The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has fulfilled the obligations incumbent upon him under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code.

The provisions of this chapter are without prejudice to the award of damages.

Art. L217-9 of the Consumer Code:

“The consumer is entitled to demand that the goods be brought into conformity with the criteria set out in subsection 1 of this section.

The consumer requests the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller.

Art. L217-10 of the Consumer Code:

“The conformity of the good takes place within a reasonable period which cannot be more than thirty days following the consumer's request and without major inconvenience for him, taking into account the nature of the good and the use sought by the consumer.

The repair or replacement of the non-conforming good includes, where applicable, the removal and recovery of this good and the installation of the repaired good or the replacement good by the seller.

A decree specifies the terms for bringing the property into compliance.”

Art. L217-11 of the Consumer Code:

“The conformity of the goods takes place at no cost to the consumer.

The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement.

Art. L217-12 of the Consumer Code:

“The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs, in particular with regard to:

1° Of the value that the good would have in the absence of a lack of conformity;

2° Of the importance of the lack of conformity; and

3° The possible possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°.

When these conditions are not met, the consumer may, after formal notice, pursue specific enforcement of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.

Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity, must be justified in writing or on a durable medium.

Art. L217-13 of the Consumer Code:

“Any item repaired under the legal guarantee of conformity benefits from a six-month extension of this guarantee.

As soon as the consumer chooses the repair but this is not implemented by the seller, the compliance by the replacement of the good starts, for the benefit of the consumer, a new period of legal guarantee of conformity attached to the replaced good. This provision applies from the day on which the replacement good is delivered to the consumer.

Art. 1641 of the Civil Code: ''The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.''

Art. 1642 of the Civil Code: ''The seller is not liable for apparent defects of which the buyer has been able to convince himself.''

Art. 1643 of the Civil Code: ''He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.''

Art. 1644 of the Civil Code: ''In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.''

Art. 1646 of the Civil Code: ''If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.''

Art. 1648 of the Civil Code: ''The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. (…) ''

If a Customer believes that they have received a product that they consider to be defective or non-compliant, they must contact the Company as soon as possible after receipt of the Order, at the following email address: contact@mbcstore.fr, or by registered letter with acknowledgment of receipt to the following address: 11 rue de Navarre 77700 Serris, specifying the defect or non-conformity in question.

It will be up to the Customer to provide any justification for the designation of apparent defects and/or anomalies noted. The Customer must give the Company every facility to note these defects or non-conformities and to remedy them if necessary. The Customer will refrain from intervening itself or having a third party intervene for this purpose.

If the defects and/or anomalies are confirmed by the Company, the latter will then send the Customer its instructions on how to proceed after having acknowledged the complaint thus made and, where appropriate, will replace the product for which the Company has been led to note the lack of conformity or the defect.

In the event that the exchange of the product is not possible, the Company will be required to reimburse the Customer within fourteen days of receipt of the product. The reimbursement will be made at the Company's proposal by crediting the Customer's bank account, the Customer being able to opt for a different method of reimbursement than the one proposed.

15 - Customer Obligations

The Customer undertakes to comply with the terms of these General Terms and Conditions.

The Client undertakes to use the Site in accordance with the Company's instructions.

The Customer agrees that he/she will only use the Site for his/her personal use, in accordance with these General Terms and Conditions. In this regard, the Customer agrees to refrain from:

  • To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs;
  • To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site;
  • Attempting to gain unauthorized access to the Site's computer system or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
  • To use the Site for abusive purposes by voluntarily introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site;
  • To infringe the Company’s intellectual property rights and/or to resell or attempt to resell the products to third parties;
  • To denigrate the Site and/or the products as well as the Company on social networks and any other means of communication.

If, for any reason, the Company considers that the Client does not comply with these General Terms and Conditions, the Company may at any time, and at its sole discretion, remove its access to the Site and take any measures including any civil and criminal legal action against it.

16 - Right of withdrawal

In accordance with Articles L.222-7 et seq. of the Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal, without having to provide reasons or pay penalties.

Products excluded from the right of withdrawal

The right of withdrawal cannot be exercised for the following products, in accordance with article L.221-28 of the Consumer Code:

  • Products made according to the Customer's specifications or clearly personalized.
  • Products that are likely to deteriorate or expire quickly.
  • Products that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection.
  • Audio, video recordings or computer software when unsealed after delivery.

Terms of exercise of the right of withdrawal

To exercise his right of withdrawal, the Customer must notify his decision by means of an unambiguous declaration or via the form available in the appendix to these General Terms and Conditions. This notification may be sent:

  • By email: contact@mbcstore.fr
  • By registered mail with acknowledgment of receipt to the following address: 11 rue de Navarre, 77700 Serris, France

The Customer will receive an acknowledgement of receipt of his withdrawal request as soon as possible.

Return of products

The Customer must return the products in their original condition (unused, undamaged, with their original labels and packaging) within a maximum of 14 days from notification of their decision to withdraw.

Return costs are the responsibility of the Customer, except in the following cases:

  • The product is defective or does not conform to the initial order.
  • An error was made during the preparation of the order by the Company.

The Customer is liable for any depreciation of the products resulting from handling other than that necessary to establish their nature, characteristics or proper functioning.

Refund

In the event of withdrawal, the Company undertakes to reimburse the Customer for all sums paid, including the initial delivery costs (unless the Customer has chosen a more expensive delivery method than the standard delivery offered by the Company), within a maximum period of 14 days from receipt of the returned products or proof of their shipment.

The refund will be made by the same means of payment as that used when ordering, unless the Customer expressly agrees to another method of refund.

For any questions relating to the exercise of the right of withdrawal, the Customer can contact customer service at the following address: contact@mbcstore.fr .

17 - Liability

The Company implements all measures to ensure that the Customer is provided with quality product(s) under optimal conditions. However, it may not be held liable under any circumstances for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party not involved in the contract, or to a case of force majeure. More generally, if the Company were to be held liable, it could not under any circumstances agree to compensate the Customer for indirect damages or damages whose existence and/or quantum are not established by evidence.

The Company cannot be held responsible for damage caused by misuse of one of its products or by failure to comply with the precautions for use and hygiene, storage and safety conditions when using one of its Products/Services.

The Site may contain links to other sites not edited or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.

The establishment of such links or the reference to any information, articles or services provided by a third party cannot and must not be interpreted as an express or tacit endorsement by the Company of these sites and these elements or their contents.

The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product(s) and other information distributed on these websites.

It is expressly stipulated that the Company may not under any circumstances be held liable, in any way whatsoever, in the event that the Customers' computer equipment or electronic messaging rejects, for example due to anti-spam, electronic mail sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the shipping tracking email.

The Client is fully aware of the provisions of this article and in particular of the guarantees and limitations of liability mentioned above, essential conditions without which the Company would never have entered into a contract.

18 – Force majeure

The Company and the Client shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

19 - Security

The Client undertakes not to undermine the security of the Site. To this end, it undertakes not to proceed with any fraudulent access and/or maintenance in the Company's information system. The Client may also not undermine or hinder the Company's information system. Failing this, the Company may take any measure against it and in particular incur criminal liability under Articles 323-1 et seq. of the Criminal Code.

20 - Intellectual property and personal data

All elements of this Site and the Site itself are protected by copyright, trademark law, design law and/or any other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the entire world.

The name and brand, logos, illustrations, photographs, designs, stylized letters, figurative marks, and all signs represented on this Site, including the underlying technology, are and will remain the exclusive property of the Company.

No title or rights to any material or software will be obtained by downloading or copying any material from this Site. The Customer is expressly prohibited from reproducing (other than for his/her personal and non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to this Site and the material and software contained therein, nor from modifying or making any work based on it, nor from selling or participating in any sale in connection with this Site, the material on this Site or any software relating thereto.

The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.

Any use by the Client of the company names, trademarks and distinct signs belonging to the Company is strictly prohibited except in the event of express prior agreement from the Company.

The Company understands that data protection and privacy are an issue for all Internet users visiting the Site. The Company undertakes, in accordance with the GDPR regulation, regulation (EU) 2016/679 of April 27, 2016, to respect your privacy and protect your personal data, i.e. data likely to identify you directly or indirectly as a person.

As part of the order, the Company is required to collect the Customer's personal data. The Company undertakes to protect the personal data of customers.

Files containing personal data necessary for the order are stored on the servers of the Site host. This service provider ensures that it complies with the requirements of the General Data Protection Regulation (GDPR). The Company does not communicate or trade in customers' personal data.

At the stage of ordering on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to carry out the orders.

The personal data collected by the Company is intended to enable the order to be completed. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.

In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as "Informatique et Libertés", and the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 of April 27, 2016, subject to proof of your identity, any Customer, regardless of their nationality, has a right to access, modify and delete their personal data. Each Customer is also entitled to request a limitation of the processing of their data and also has a right to data portability as well as a right to object to the processing of personal data concerning them.

For the purposes of applying this clause and, in particular, to ensure the confidential processing of Customer data, the Company has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer, who can be contacted at the following address: contact@mbcstore.fr

In any event, any Customer has the right to make any complaint to the CNIL.

21 - Newsletter

By checking the box provided for this purpose or by expressly giving his consent to this end, the Client accepts that the Company may send him, at a frequency and in a form determined by it, a newsletter (information letter) which may contain information relating to its activity.

When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for Products similar to those ordered.

Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters.

22 – Nullity and independence

If one or more provisions of these General Conditions of Sale were declared invalid pursuant to a law or regulation or a final court decision, the other provisions would remain in force and effect.

23 – Modifications to the General Conditions of Sale

The Company reserves the right to modify the Site, the General Terms and Conditions as well as any delivery procedure or other elements constituting the services provided by the Company through this Site. The modification of the General Terms and Conditions will come into force from the date indicated on the Site. If the new general terms and conditions of sale do not suit a Customer, the latter must terminate his Subscription by registered letter with acknowledgment of receipt before the entry into force of the new provisions if he has become aware of them within a reasonable period of time or within 10 days of their entry into force at the latest.

Refusal of the new general terms and conditions of sale must be explicit. Without an explicit expression of will before the entry into force of the new provisions, the Subscriber will be deemed to have accepted the modifications.

24 – Applicable law

These General Conditions of Sale and the operations resulting from them are governed by and subject to French law.

These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.

25 – Disputes

All disputes to which the purchase and sale transactions concluded in application of these General Conditions of Sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the Company and the Client will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he may, in any event, resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, the references of which appear on the website (by email ​mediateurduecommerce@fevad.com or by post to the FEVAD E-commerce Mediator Service – 60 rue de la Boétie – 75008 Paris) or to any alternative dispute resolution method in the event of a dispute.

Annex 1 Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the Order placed on the Website, except for exclusions or limits to the exercise of the right of withdrawal in accordance with the applicable General Conditions of Sale.

For the attention of:

My Cross Box

11 Navarre Street

77700 Serris

I hereby notify the withdrawal of the contract relating to the sale of the property below:

Order date:

Date of receipt of the package:

Your name:

Your first name:

Your email address :

Your postal address:

SEND MY REQUEST

Within three (3) days of receipt of the order, a request to debit the bank account will be sent to the paying organization.

The sales contract will be concluded upon receipt of the authorization to debit the account by the paying organization.

In the event of total or partial non-payment of the Products, the Customer must pay the Company a late payment penalty at a rate equal to three (3) times the legal interest rate.

In addition to late payment compensation, any amount, including the deposit, not paid on its due date by the Professional Client will automatically result in the payment of a fixed compensation of forty euros (€40) due as recovery costs.

No compensation may be made by the Customer between penalties for late provision of the services ordered and amounts owed by the Customer to the Company for the purchase of Products offered on the Site.

The penalty owed by the Customer is calculated on the amount including tax of the sum remaining due, and runs from the due date of the price.