General Terms and Conditions of sale and Delivery between the non-profit Association « MDD », 100 rue de Charenton, 75012 Paris, SIRET 801 316 787 00010, represented by Mr. Hervé Tourmen as Président, officially in charge of the following.
The Association can be contacted through email by clicking on the contact form that can be found on the homepage of the website. Between the « seller » or the « Association » and the individual or legal entity that proceed to the purchase of products or services from the Association, the « buyer » or « customer », it has been displayed and agreed as the following:
PREAMBLE The Seller is a provider of artistic and cultural exclusively for consumers, sold through its website (http://mondesdedomination.com) and others affiliated. The list and services offered by the Association can be viewed on the said websites
Article 1: Purpose and general arrangements The present general terms and conditions of sale define the rights and obligations of the parties apply on all products sales made through the websites of the Association as integral parts of the contract between the Seller and the Buyer. The Seller reserves the right to modify the present arrangements through publishing a new version on his website. The General Terms and Conditions that will be applied are the ones in effect at the date of the payment (or of the first payment in case of multiple payments) of the order. These General Terms and Conditions can be viewed on the website of the Association at the following address: https://www.mondesdedomination.com/boutique/index.php?id_cms=3&controller=cms&id_lang=1. The Association also ensures that their agreement is clear and unconditional by providing a checkbox and a validation click. The Customer declares that he has taken note of all the present Terms and Conditions, and if necessary, of the special Terms and Conditions linked to a product or a service, and to agree with them without restriction or reserve. The Customer acknowledges that he has received the proper pieces of advice and information required to ensure the fitting of the offer to his needs. The Customer declares being able to contract legally under French laws or to adequately represent the Individual or Legal entity for which he contracts. Except for evidence of the contrary, the information registered by the Association constitute the proof for the whole transactions.
Article 2: Price The prices of the products sold through the websites are labeled in Euros, in American Dollars, in UK pounds and in miliBitcoins with all taxes included on the order page for the product, and without the shipping charges. For all products sent out of the European Union and/or DOM-TOM, some customs fees, or other local taxes, or import duties, or State taxes can be due in some cases. These rights and amounts are not the concern of the Seller. They will be borne by the buyer and are his entire responsibility (declarations, payment to the authorities concerned, etc..). Therefore, the Seller invites the Buyer to request information on these matters to the competent local authorities. The Association reserves the right to change its prices anytime in the future. The telecommunication fees needed for accessing the website of the Association are taken care of by the Customer. So are the eventual shipment fees.
Article 3: Conclusion of the contract online The Customer will follow a series of specific steps for each Product displayed by the Seller to be able to place his order. In any case, the following steps are systematic: ➢ Information on the essential characteristics of the Product; ➢ Selection of the Product, of its options if it is the case, and the indication of the essential data concerning the Customer (Identification, address…); ➢ Agreement with the present General Terms and Conditions. ➢ Verification of the elements constituting the order and, if it is the case, fixing the errors. ➢ follow-up of the payment instructions, and payment of the Products. ➢ Shipment of the Products. The Customer will then receive an email confirmation for the payment of his order, as well as a receipt for confirmation of the order. The products that need shipment will be shipped to the address specified by the Customer. In order to ensure the good implementation of the order, and in accordance with article 1316-1 of France’s Civil Code, the Customer is committed to giving real identification elements. The Seller reserves himself with the possibility of refusing the order, for example for any irregular demand, done in bad faith, or for any legitimate reason.
Article 4: Products & services The essential characteristics of the goods, the services, and their respective price are made available to the Buyer on the websites of the Association. The Customer certifies that he has received detailed information about the shipping cost as well as the terms and conditions for the payment, the shipping and the execution of the contract. The Seller commits to fulfill the Customer’s order within the limits of the stocks of products available only. Failing that, the Seller will inform the Customer. This contractual information is displayed with details in both French and English language. In accordance with French Laws, they are subject to a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photographs of the products for sale don’t have a contractual value. The validity of the Products displayed and their price is specified on the websites of the Association, as well as the minimum period of the contracts proposed when they are about a continuous or periodic supply of products or services. Except for peculiar conditions, the rights conceded under the present are conceded only to the signatory physical person (or the person holding the stated email address ). In accordance with the legal disposition in the matter of conformity and hidden defects, the Seller will reimburse or exchange the products that are defective, or differing from the order. The reimbursement can be asked by email at mdd@mondesdedomination.com and made with Paypal or money transfer. The Product must be returned in its original packaging to the address that will be specified on the answer to his request for reimbursement.
Article 5: Clause of reserved property The Products stay the property of the Association until the complete payment of the indicated price.
Article 6: Shipping terms and conditions The Products stipulating the possibility of shipping will be delivered at the address and within the time specified during the order process. That dateline doesn’t take into account the time for the preparation of the order, or for the added time asked by the Customer himself if the delivery needs a rendezvous between the Customer and the transporter. With the purchase of many products at the same time, a difference in delivery time can occur. In the case of a preparation delay longer than 48 hours, the Customer will be informed by email, and a new delivery date will be proposed that he would be free to accept or refuse. In case of a delivery delay, the Customer has the possibility to resolve the contract in the conditions and terms defined in the Article L 138-2 of the French Consumer’s Code. The Seller then proceeds to the refund of the product and the sending cost in agreement with the Article L 138-3 of the Consumer’s Code. The Seller provides a telephone number specified in the email of order confirmation to allow the monitoring of the order. The Seller reminds that at the moment that the Customer gets in physical possession of the products, the risks of loss or damages of the products are transferred to him. The Customer needs to notify the transporter of any reservation about the delivered product. The hand delivery or the shipping of original works of the artists of the Association are made under the sole responsibility of the artists, the Association acting only as an intermediate, responsible only of the payment of the artist and the satisfaction of the Customer. For information, the Association returns 90% of the tax-free selling price to the artist upon receipt of the product by the Customer, keeping only 10% to cover its operating expenses.
Article 7: Disponibility and presentation The orders are treated within the limits of the available stocks of the site or the available stocks of our suppliers. In case of unavailability of a product for a period of more than 5 business days, you will be immediately informed of the foreseeable delivery time and will have the possibility to cancel the order for this item by simple request. The Customer could then ask for a credit usable on all the website for the refund of the item.
Article 8: Payment The payment is due immediately with the order (this includes pre-ordered items). The Customer can pay with a credit card, Paypal, Bitcoin or Wire transfer. The cards issued by the banks located outside of France must be international bank card (MasterCard or Visa) The secure online payment by credit card is processed by our payment service payment provider. The transmitted data are encrypted in a professional way so they can’t be read during the transfer on the web. Once the payment is launched by the Customer, the transaction is immediately charged after the verification of the data accuracy. In accordance with article L. 132-2 of the French Financial and Monetary Code, the commitment to pay done with a card is irrevocable. By submitting his bank information during the sale, the Customer authorizes the Seller to debit his card account for the amount of the indicated price. The Customer confirms that he is the legal owner of the card and that he as the legal right to use it. In case of an error, or the impossibility of debiting the card, the Sale is immediately rightfully resolved and the order is canceled.
Article 9: Right of withdrawal In accordance with article L. 121-20 of the French Consumer’s Code, « the Customer disposes of fourteen clear days to exert his right of withdrawal without having to give any reason or pay any penalties, with the exception, if that is the case, of the return fees. » « The time mentioned in the previous sentence run from the moment of reception in the case of items, or the agreement of the offer in the case of services. » The right of withdrawal can be exerted by contacting the Association at the following email address: mdd@mondesdedomination.com. We inform the Customers that in accordance with the article L. 121-20-2 of the French Consumer’s Code, this right of withdrawal cannot be exerted for digital products that have been opened. However, the Association will accept any request for the refund of a digital ebook that wouldn’t meet his expectations, except if any kind of abuse has been detected, like for example repeated requests for a refund. In case of a use of the right of withdrawal in the time mentioned above, only the price of the product, or products, that have been bought and the shipping fee will be refund, the return fees being the responsibility of the Customer. The return of the products must be in their original state and complete, so they could be sold again as brand new; they must be accompanied, when possible, with a copy of the proof of purchase. In accordance with legal dispositions, this is the withdrawal standard form to send to us at the following email address: mdd@mondesdedomination.com. For the attention of MDD Association, 100 rue de Charenton 75018 Paris, I hereby give notice that I withdraw from my contract of sale of the following goods: Ordered : ……. /Received:……. Name :.............................. Address :........................ Date :.............................. The refund will be done through Paypal, Bitcoin or bank transfer as soon as we receive the returned order.
Article 10: Reclamations If needed, the Buyer can submit any reclamation by contacting the Association at this email address: mdd@mondesdedomination.com
Article 11: Intellectual property rights Labels, domain names, products, softwares, pictures, videos, texts, and in general any information subjected to intellectual property rights are and stay the exclusive property of the Seller. No cession of intellectual property rights are made through these Terms and Conditions. Any reproduction, whole or in part, modification, or use of these goods for any reason is strictly forbidden.
Article 12: Force majeure The execution of the obligations of the Seller in accordance with the present Conditions of Use is suspended in case of occurrence of a fortuitous event or case of force majeure that would prevent its execution. The Seller will advise the Customer of the occurrence of such an event as soon as possible.
Article 13: Nullity of the Contract If one of the stipulations of the present contract should be canceled, this nullity would in no way cause the nullity of the other stipulations that will remain valid between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
Article 14: Protection of personal data In accordance with the Data Protection Act of January 6th, 1978, you have a right of demand, access, rectification, and opposition to all of your personal data. By agreeing to these Terms and Conditions, you allow us to collect and use this data for the fulfillment of this contract. By entering your email address on one of the websites of our network, you will receive emails containing information and promotional offers about products displayed by the Association. You can unsubscribe at any time by just clicking on the link located at the end of our emails, or contact the Association by registered letter. We make on all our websites a tracking of the traffic patterns. For that, we use the statistic tools provided by Prestashop and Google Analytics.
Article 15: Limitation of liability clause It is stipulated a limitation of liability clause for the Seller for the realization of the service at 100 euros.
Article 16: Applicable Law All the clauses featuring in these Terms and Condition, as well as all the buying or selling operations that occur there, will be subjected to French Law.