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Conditions of use and Sales

Conditions of use and Sales

1. Scope of application

These general conditions of sale (the General Conditions) shall apply to all orders placed by you, the buyer (the Buyer) through the MB&F M.A.D.Gallery eShop (the eShop) hosted on the website www.madgallery.net (the Website), operated by MB&F S.A., a company with seat at Boulevard Helvétique 22, 1207 Geneva, Switzerland (MB&F).

Validating an order via the eShop indicates the Buyer's acceptance of these General Conditions as in force at the time the order is validated.

MB&F reserves the right to change these General Conditions at any time by publishing a new version on the Website. The new version of the General Conditions shall be applicable to any order validated after its publication.

2. Conclusion of a purchase agreement

Any order validated by the Buyer on the eShop constitutes a binding offer to conclude a purchase agreement with MB&F for the goods concerned.

The purchase agreement comes into existence when MB&F accepts your order, by providing confirmation through the eShop or by email or other written communication, or by sending the goods ordered.

The information on the Website and eShop concerning goods and their prices is subject to change without notice. The Buyer will be charged the price displayed on this Website and/or eShop at the time the order is validated.

3. Price and additional costs

The prices on the Website and eShop are indicated in CHF (Swiss francs) including Swiss VAT (Value Added Tax). The Website and/or eShop may also provide an estimate of the value in EUR (Euros) or USD (United States Dollars), which is non-binding and for information purposes only.

For deliveries to countries other than Switzerland, Swiss VAT will be deducted from the invoice at the checkout page.

Important note: Deliveries to countries other than Switzerland may imply customs duties, taxes and other costs (which may depend on many factors including, without limitation, the value, type of goods purchased, administrative costs and destination of the shipment) and which are not taken into account in any of the prices indicated on the Website and/or eShop. The Buyer must bear any custom duties and other taxes applicable in the country of delivery, as well as any other costs linked to delivery of the purchased goods outside of Switzerland. By accepting these General Conditions of Sale, the Buyer agrees to pay any customs duties, taxes or other costs that may apply in relation to the delivery in another country than Switzerland, and to indemnify and hold harmless MB&F for the same.

4. Terms of payment

The purchase price for the goods ordered becomes due immediately upon validation of the order by the Buyer. Payment may be done exclusively by any of the payment means accepted by the eShop at the time of validating the order. If the order is finally not accepted (due, for instance, to issues affecting stock or any other reason which MB&F may in its reasonable discretion determine), any part of the purchase price already paid shall be reimbursed to the Buyer on the account used by the Buyer to make the original payment.

5. Delivery

The goods will be delivered to the address stated by the Buyer as part of the eShop checkout process and through a delivery service appointed by MB&F.

The expected delivery time mentioned on the Website is indicative and may be subject to customs clearance or other delays outside of the control of MB&F.

Some goods are made on order. In this case, the Buyer will be informed by email after validation of the order of the indicative expected delivery time. MB&F shall inform the Buyer of any delays, and communicate any modified delivery time to the Buyer. No withdrawal of orders will be accepted for any reasonable delivery delays which are not due to any fault on MB&F's behalf.

The Buyer must immediately check the goods upon delivery and directly express reservations to the transporter or refuse the goods in case of shipment error or defects. In the absence of the express reservation stating the defects, the goods shall be deemed to be accepted.

6. No withdrawal rights

The Buyer understands and agrees that there is no withdrawal right once the purchase is confirmed in conformity with article 2 above.

The right of MB&F to accept a return for replacement in conformity with article 7 is reserved.

7. Warranty

MB&F warrants any goods delivered against defects for a period of two years. The independent creators may exceptionally grant a longer warranty period, in which case such extended warranty period shall be expressly indicated on the goods' description page of the Website and/or eShop. Any extended warranty is provided by the independent creators, but is administered by MB&F.

The Buyer may notify MB&F of any defect affecting the goods within the warranty period. In such case, MB&F shall, at its discretion, replace or repair the goods in question.

8. Liability

MB&F shall not be liable for any damage caused to the Buyer, unless such damage is due to willful intent or gross negligence. In no event shall MB&F be liable for any indirect damages, including consequential damages or lost profits.

Any liability of MB&F shall in any event be limited to the purchase price of the goods.

9. Prohibition of assignment

The Buyer may assign contractual rights to a third party only with the prior written consent of MB&F.

10. Data Protection

Any collection of the Buyer's personal data shall be in compliance with applicable legal provisions. Any processing is according to our Privacy Notice.

The eShop is built on a platform provided by Shopify Inc, a company based in Canada. The processor has adequate protections in place and EEA personal data is received and initially processed by Shopify's Irish entity, Shopify International Ltd. You can find more information on https://www.shopify.com/.

11. Applicable law, competent courts

Any sale concluded on this website under these General Conditions of Sale shall be exclusively subject to Swiss law, without reference to its conflict of laws principles. The applicability of the United States Convention on the International Sales of Goods is hereby excluded.

Any disputes arising out of or in relation to these General Conditions shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland. The right of appeal to the Swiss Supreme Court is reserved.

MB&F SA 2019

We also invite you to read our Terms and conditions, Cookie notice and Privacy Notice

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