1. Preamble

The company Ma Box de Cross whose legal notices are on the website is a limited liability company with a 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 ® community, Cross Traning and Functional Fitness, both through articles, videos, but also by referencing the boxes with their characteristics. The site also makes it possible to offer for sale objects directly or indirectly related to CrossFit ®, Cross Traning 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, Canada.

Governed by articles L.111-1 and following of the Consumer Code, these general conditions of sale determine the rights and obligations of the parties. By the mere fact of validating his 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 the said order as well as the entire of these general conditions of sale.

It is specified that the products are intended for the personal use of the user, without any direct relationship with the professional activity of the latter.

2- Presentation of the Company

These General Terms and 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 the number 884 241 878., represented by Fabien Loyer, and whose head office is located at 11 cours du Danube 77700 Serris (hereinafter referred to as "The Company") with consumers and professional or non-professional buyers (here - after 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 "CGV" designate these general conditions of sale, use and online sale;

“Consumer” designates the natural person buyer who does not act for professional needs and/or outside his professional activity;

“Parties” means the Company and the Client;

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

"Professionals" means the purchaser who is a legal or natural person who acts within the framework of his professional activity and who is not subject to the provisions applicable to consumers;

"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 navigates on this Site.

4 – Object

The purpose of these General Terms and Conditions of Sale is to define, worldwide, exclusively on the basis 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 T&Cs, whether they visit it or place an Order. The Customer is required to read it before placing any Order.

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

These General 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 subsequent modification of the General Conditions of Sale, the version applicable to the Customer's purchase is that in force on the Site on the date of placing the Order.

The Customer declares to have read and accepted these GCS before placing his Order.

The validation of the Order by the Customer therefore implies acceptance of these GCS without restriction or reservation, and prior, full and complete acceptance of the General Conditions of Sale.

Any contrary condition set by the Customer 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 acquire the products, it is imperative to be of legal age and capable, ie legally considered as authorized to conclude a contract. The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Site.

6 – Geographical area

The Products are available for France and the European Union on the Site in French.

7 – Access to the service

Before any use of the Site, the Customer must ensure that he has the technical and IT resources allowing him 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 computer configuration of his hardware/equipment is in good condition and does not contain any viruses.

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

8 – Deactivation of customer account

In the event of non-compliance with the obligations arising from the acceptance of these GCS, incidents of payment of the price of an Order, delivery of erroneous 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 Client who has been excluded or sanctioned for such acts.

9 – Proof

The Customer acknowledges the validity and probative force of the electronic exchanges and recordings kept by the Company and admits that these elements receive the same probative force as a writing signed by hand under Law No. 2000-230 of March 13, 2000. adapting the law of evidence to information technologies relating to the electronic signature.

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. Nevertheless, 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 wishes to purchase, then adds it(ies) to his virtual basket, and can access the summary of his Order at any time, by pressing the "basket" button.

The summary of the Order presents the list of the Product(s) that the Customer has selected, and includes any additional costs such as the delivery price which is added to the price of the Product(s) of the Order. The Customer has the option of modifying his Order and correcting any errors before accepting his Order.

After having accessed the summary of his Order, the Customer confirms the acceptance of his Order by ticking the validation box of the GCS, then by clicking on the Order validation icon. The words "Order with obligation to pay" or a similar expression devoid of any ambiguity appears next to the validation icon of the Order to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.

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

After the validation of his Order and in order to be able to proceed to the payment, the Customer enters the coordinates to which he wishes to obtain delivery of the Products, and of invoicing if they are different. The delivery process is described in article 12 of these GCS.

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

After having validated his delivery details and, where applicable, billing, the Customer proceeds to the payment of his Order according to the methods specified below.

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

11 - Price and terms of payment for the order

The prices are mentioned on the Site in the descriptions of the Products, in euros and excluding tax and all taxes included.

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

The Order of Products on the Site is payable in euros. Full payment must be made on the day of the Order by the Customer, by bank card, except for special conditions of sale 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 Client the total confidentiality of his banking information. The bank 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 method of payment, when placing the Order.

The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount 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 placing of the order, a request to debit the bank account will be sent to the paying agency.

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

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

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

No compensation may be made by the Customer between penalties for late delivery of the services ordered and sums due 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 product(s) offered on the Site can be delivered to any location.

The Company undertakes to deliver the product(s) within a period not exceeding 2 to 5 working days from the date of the Order. Delivery costs are the responsibility of the customer and must be paid when finalizing the order.

The Customer is informed by email, when his Order is ready, of its shipment. The product(s) ordered (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in article 10 of these GCS.

The Customer must ensure that the information communicated is correct, and that it remains so until full delivery of the product(s) ordered. The Customer therefore undertakes to inform the Company of any change in billing and/or delivery details that may occur between the Order and the delivery, by sending, without delay, an email to the customer service email address. Failing this, in the event of delay and/or delivery error, the Customer may in no case hold the Company liable in the event of non-delivery, and the Company's customer service will contact the Customer for a second delivery. on client fee.

However, if the Products ordered have not been delivered within thirty (30) days of the placing of the Order, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request of the Customer under the conditions provided for in articles L.216-6 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction.

The Company will also not be liable if the non-receipt of the Products is due to the fact of a third party outside its intervention or in the event of theft.

In case of return of the Order due to the absence of the Customer, the Company's customer service will contact the Customer for a second delivery at the Customer's expense.

The Customer may follow the delivery of his Order by contacting customer service, the number of which appears in article 13 of these GCS.

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 try 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 cours du Danube 77700 Serris.

14 - LEGAL AND COMMERCIAL GUARANTEES

All products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-3 and L.217-5 of the Consumer Code, and to the guarantee against hidden defects provided for 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 reduction in price or termination of the contract.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

Thus the Customer:

(i) benefits from a period of two (2) years from the delivery of the product to act in default of conformity of the Product

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

(iii) can choose between repairing or replacing the product, or failing that, reducing the price or rescinding the contract, pursuant to article L. 217-8 of the consumer code.

In addition, the Customer may also implement the legal guarantee against hidden defects of the thing sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which has proven to be unsuitable for its use.

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

The Customer then has the choice between two options: keep the product and request a price reduction, or return the product and request reimbursement 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 .

He responds to defects of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1 , which appear within a period of two years from this.

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 less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for the 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° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is provided 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 also responds, during the same periods, for lack of conformity resulting from the packaging, the assembly instructions, or the installation when this has been charged to him 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 and following of the Civil Code . The starting point for the prescription of the consumer's action is the day of knowledge by the latter of the lack of conformity. »

Art. L217-4 of the Consumer Code:

“The good 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, made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;

3° It is delivered with all the accessories and installation instructions, which must be supplied 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 compliance with the contract, the good is compliant if it meets the following criteria:

1° It is specific to the use usually expected of a good of the same type, taking into account, if applicable, any provision 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 has 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 the conclusion of the contract, unless the parties agree otherwise;

4° Where applicable, it is delivered with all the accessories, including the packaging, and the 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, which the consumer can legitimately expect for goods of the same type, having regard to the nature property as well as to 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 labeling.

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 in a position to know them;

2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; Or

3° That the public declarations could not have influenced the purchase decision.

III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods, 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 upon conclusion of the contract. »

Art. L217-7 of the Consumer Code:

“The defects of conformity which appear within a period of twenty-four months from the delivery of the goods, including the goods comprising digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the property or defect invoked.

For second-hand goods, this period is set at twelve months.

When the contract for the sale of goods containing digital elements provides for the continuous supply of digital content or a digital service, the lack of conformity which appears at the time of delivery of the goods is presumed to exist:

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

2° During the period during which the digital content or the digital service is supplied under the contract, when the latter provides for this supply for a period of more than 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 the 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 satisfied his obligations under this chapter, in the conditions of articles 1219 and 1220 of the civil code.

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

Art. L217-9 of the Consumer Code:

“The consumer is entitled to demand that the goods comply with the criteria set out in sub-section 1 of this section.

The consumer asks 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 bringing into conformity of the good takes place within a reasonable time 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, if applicable, the removal and return of this good and the installation of the repaired good or the replacement good by the seller.

A decree specifies the procedures for bringing the property into conformity. »

Art. L217-11 of the Consumer Code:

“The bringing into conformity of the good takes place at no cost to the consumer.

The consumer is not required to pay for the normal use he has 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 with regard in particular to:

1° The value that the good would have had there been no lack of conformity;

2° 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 respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 and following of the civil code.

Any refusal by the seller to proceed according to the choice of the consumer or to bring the goods into conformity, is justified in writing or on a durable medium. »

Art. L217-13 of the Consumer Code:

“Any good repaired within the framework of the legal guarantee of conformity benefits from an extension of this guarantee of six months.

As soon as the consumer chooses the repair but that it is not implemented by the seller, the bringing into conformity by the replacement of the good causes a new period of legal guarantee to run, for the benefit of the consumer. 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 on account of the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known 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 did not know of them, unless, in this case, he has stipulated that he will not be bound by 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 keeping the item and getting part of the price refunded. ''

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

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

If a Customer believes that he has received a product that he considers to be defective or non-compliant, he 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 cours du Danube 77700 Serris, specifying the defect or non-compliance in question.

It will be up to the Customer to provide any justification as to the designation of the apparent defects and/or anomalies observed. The Customer must allow the Company every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself 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 taken cognizance of the complaint thus formulated and, if necessary, will replace the product whose Company would have had to note the lack of conformity, or the defect.

In the event that the exchange of the product is impossible, the Company will be required to reimburse the Customer within fourteen days of receipt of the product. Reimbursement will be made on the proposal of the Company by crediting the Customer's bank account, the Customer being able to opt for another method of reimbursement than that proposed.

15 - Obligations of the customer

The Customer agrees to comply with the terms of these T&Cs.

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

The Customer agrees that he only uses the Site for his personal use, in accordance with these T&Cs. In this regard, the Client agrees to refrain from:

• To use the Site in any illegal way, for any illegal purpose or in any way 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 enabling or comprising all or part of the Site;
• Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Site;
• Use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site;
• Infringe the intellectual property rights of the Company and/or resell or attempt to resell the products to third parties;
• To disparage 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 Customer does not comply with these GCS, the Company may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action to against him.

16 - Right of withdrawal

In accordance with articles L.222-7 and following 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 from the Company, without having to give reasons or pay a penalty.

All Products/Services may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, reproduced below:

The right of withdrawal cannot be exercised for contracts:
1° For the supply of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the performance of which has begun with his prior and express agreement and with his recognition of the loss his right of withdrawal, when the service has been fully performed by the professional;
2° Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11° Concluded during a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a given date or for a specific period;
13° Supply of digital content without material support, the execution of which began before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when:
a) He has previously given his express consent for the performance of the contract to begin before the expiry of the withdrawal period; And
b) He has acknowledged that he will lose his right of withdrawal; And
c) The professional has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L. 221-13 .

To exercise his right of withdrawal from the Order, the Customer must notify his decision to withdraw by means of the withdrawal form proposed in the appendix hereto or by means of an unambiguous declaration, without giving reasons. The Customer may communicate his decision to withdraw to the Company by any means, in particular by sending it by post to the Company at the following address: 11 cours du Danube 77700 Serris. or by email at contact@mbcstore.fr.

In the event of notification to the Company by the Customer of his decision to withdraw, whatever the means used, the Company will send him without delay an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email).

The Customer must return the product(s) in the same condition as that in which he received them, and with all the packaging elements, accessories and instructions (even if the ( s) product(s) has or have been unpacked, as soon as possible and at the latest within 14 days of notification of the decision to withdraw from this contract, to the following address: 11 cours Danube 77700 Serris. In accordance with the law, the Customer bears the cost of returning the product(s).

In the event of withdrawal by the Customer, the reimbursement of the Product(s) which has or have been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any event, this refund will not incur any costs for the Customer. The refund is made as soon as possible, and no later than 14 days from the day the Company is informed of the Customer's decision to withdraw from his Order.

In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his liability is only engaged with regard to the Company for a depreciation of the product(s), returned. following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.

17 - Liability

The Company implements all appropriate measures to ensure the Customer the supply, under optimal conditions, of quality product(s). However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party unrelated to the contract, or to a case of force majeure. More generally, if the liability of the Company were to be engaged, it could in no case accept to compensate the Client for consequential damages or whose existence and/or quantum would not be established by evidence.

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

The Site may contain links to other sites not published 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 should not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their contents.

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

It is expressly stipulated that the Company cannot under any circumstances be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers rejects, for example due to an anti-spam, the e-mails 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 e-mail for tracking shipment.

The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.

18 – Force majeure

The Company and the Client cannot be held liable if the non-execution or the delay in the execution 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 Customer undertakes not to compromise the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the Company's information system. The Client may not harm or hinder the Company's information system either. Failing this, the Company may take any measure against it and in particular incur criminal liability under Articles 323-1 and following of the Criminal Code.

20 - Intellectual property and personal data

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

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

No title or right to any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software it contains, no more modify them or perform any work based on them, nor sell or participate in any sale in connection with this Site, the elements of 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 in no case 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 corporate names, trademarks and distinct signs belonging to the Company is strictly prohibited except with the express prior consent of the Company.

The Company understands that the protection of data and privacy is an issue for all Internet users visiting the Site. The Company undertakes, in accordance with the GDPR regulations, Regulation (EU) 2016/679 of April 27, 2016, to respect your privacy and to 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 intended to collect the Customer's personal data. The Company undertakes to protect the personal data of customers.

The files containing the personal data necessary for the order are in particular kept on the servers of the host of the Site. This provider ensures compliance with the requirements of the General Data Protection Regulation (GDPR). The Company does not communicate or trade customers' personal data.

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

The personal data collected by the Company is intended to enable the fulfillment of the order. 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 regulations (RGPD) , Regulation (EU) 2016/679 of April 27, 2016, subject to proving your identity, any Customer, regardless of nationality, has the right to access, modify and delete their personal data. . Each Customer is also entitled to request a limitation of the processing of his data and also has a right to data portability as well as a right to oppose the processing of personal data concerning him.

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

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

21 - Newsletter

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

When the Customer ticks 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 be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

22 – Nullity and independence

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

23 – Modifications of the General Conditions of Sale

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

The refusal of the new general conditions of sale must imperatively be explicit. Without express 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 Terms and Conditions of Sale and the resulting operations are governed by and subject to French law.

These General 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 prevail 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 consequences and which could not have be resolved between the Company and the Customer 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 Service du Médiateur du e-commerce de la FEVAD – 60 rue de la Boétie – 75008 Paris) or 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 according to the applicable General Conditions of Sale.

To the attention of:

My Cross Box

11 courses of the Danube

77700 Serris

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

Date of the order :

Date of receipt of the package:

Your name :

Your first name :

Your email address :

Your mailing address:

SEND MY REQUEST

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

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

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

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

No compensation may be made by the Customer between penalties for late delivery of the services ordered and sums due 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.