1.1. These General Terms and Conditions of Sale (hereinafter: the "General Conditions") shall apply to all offers, orders, order confirmations, contracts and deliveries between you (hereinafter: the "Buyer") and MB&F S.A. (hereinafter: "MB&F"), made through the MB&F M.A.D.Gallery eShop (hereinafter: the "eShop") hosted on the website www.shop.madgallery.ch (hereinafter: the "Website") operated by MB&F, as well as through email communications.
1.2. MB&F is a company with its seat located at Route de Drize 2, 1227 Carouge, Switzerland. At any moment, you can contact us at the following email address: firstname.lastname@example.org, or at either one of the following telephone numbers: +41 22 786 36 18 and/or +41 22 508 10 38..
1.3. By placing an order (hereinafter: the "Order"), you acknowledge that you have read, understood and accepted, without any reservation, these General Conditions, as in force at the time the Order is placed, and agree that they form an integral part of the contractual relationship between you and MB&F and that they are binding. By placing an Order, you furthermore agree to the General Conditions on your own behalf or on behalf of the entity you represent, and you warrant that you have the right, authority and capacity to enter into such an agreement.
1.4. MB&F reserves the right to modify these General Conditions at any time, and at its sole discretion, by publishing a new version on the Website and/or the eShop. The new version of the General Conditions shall be applicable to any Order validated after its publication.
1.5. Certain features of the Website and/or the eShop may be subject to additional terms and conditions or rules, which are available on the relevant pages.
1.7. With respect to in-store sales, the warranties and after-sales services detailed in article 8 of the present General Conditions, as well as the terms of articles 9 and 11, shall apply.
2.1. On the Website and/or eShop, MB&F publishes notably the Machines, Mechanical Art, Time Art, Fine Art Photography, Kinetic Design, Book & Accessories, and any other items available for sale (hereinafter: the "Products"), and indicates their characteristics and prices. The information on the Website and eShop concerning the Products and their prices is subject to change without notice.
2.2. The Buyer can order the available Products by placing an Order. To place an Order, the Buyer can either create an account or continue as a guest on the eShop, or place an Order by email at email@example.com. The information provided in any of these cases will be stored and processed exclusively for the proper completion of the Order, its invoice and delivery, and in any case, in accordance with our Privacy and Cookies Policy.
Any Order placed by the Buyer constitutes a binding and definitive offer to conclude a Purchase Agreement with MB&F for the Products concerned (hereinafter: the "Offer").
2.3. Upon the placement of any Order, the Buyer will receive a confirmation of the Order (hereinafter: the "Confirmation of the Order"). This does not constitute an acceptation of the Offer by MB&F.
2.4. When an item is not available, the Buyer can request to be placed on a waiting list. The information provided in this case will exclusively be used for the intended purpose, and in accordance with our Privacy and Cookies Policy. The placement on the waiting list is non-binding.
3.1. The Purchase Agreement is concluded when MB&F accepts the Buyer's Order. The Order is deemed to be accepted when, following the payment by the Buyer, MB&F provides the Buyer with a confirmation of acceptation through the eShop, by email, by any other written communication, or by sending the Products ordered.
3.2. MB&F reserves the right to refuse an Order at its sole discretion, without having to justify its decision.
3.3. The risk of loss and damage to the Products shall be transferred to the Buyer as soon as the Purchase Agreement has been concluded.
4.1. The Buyer will be charged the price displayed on the Website and/or eShop at the time the Order is validated (hereinafter: the "Purchase Price").
4.2. The prices on the Website and/or eShop are indicated in Swiss francs (CHF) and include Swiss Value Added Tax (VAT). For deliveries outside of Switzerland, Swiss VAT will be deducted from the invoice displayed on the checkout page or communicated via email.
4.3. MB&F reserves the right to modify its prices at any time and to cancel a Purchase Agreement that contains errors in wording, printing or calculation.
4.4. Unless indicated otherwise by MB&F, the delivery costs (hereinafter: the "Delivery Costs") are supported by the Buyer.
4.5. The fees applicable to the method of payment (hereinafter: the "Payment Means") and the Delivery Costs are displayed in the shopping cart before the validation of the Order and are added to the prices indicated for the Order, or, in the event that the Order is placed via email, are communicated through such means. By placing the Order, the Buyer accepts the aforementioned fees.
4.6. In addition to Delivery Costs, 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 Products outside of Switzerland. By accepting these General Conditions, the Buyer agrees to pay any customs duties, taxes or any other costs that may apply in relation to the delivery in another country than Switzerland.
5.1. The Purchase Price for the Products ordered is due and to be paid immediately upon validation of the Order by the Buyer.
5.2. Payments may be done by the use of any of the Payment Means accepted by the eShop at the time of the Order, such as Paypal, Apple Pay, by bank transfer, and by credit card. In the event an Order is placed through email, payments may be executed by bank transfer, or by using the link provided by MB&F in an email, to the secure Stripe, Inc. website. The processing of personal data related to payments and the Payment Means is addressed in our Privacy and Cookies Policy.
5.3. Credit card payments are made on the secure Stripe, Inc. website. The Buyer will be automatically redirected to their site when they validate the Order. Credit card payments are fully managed by the payment service provider, whose general terms and conditions are the only ones applicable to credit card payments. No information concerning the Buyer's credit card will be requested or recorded by MB&F, either on its Website, or by email.
5.4. The Buyer can also use a Gift card previously issued by MB&F, in accordance with the terms and conditions of the Gift card.
5.5. In the event that the Order is eventually not accepted (due, for instance, to issues affecting stock or any other reason which MB&F may at its sole 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, within a reasonable timeframe.
6.1. The Products can be delivered (hereinafter: the "Delivery") or be picked up by MB&F in a retail location indicated on the Website or eShop or by email (hereinafter: the "Pick up").
6.2. The Products will be prepared for Delivery or made ready for Pick up only when the Purchase Price is fully paid.
6.3. In case of Pick up, no related cost shall apply. The Pick up must be accomplished within the opening hours of the chosen retail shop. The Products shall be collected by the Buyer in person or by a person authorized by them, whose name has previously been communicated by email to MB&F.
6.4. In case of Delivery, the Products will be delivered to the shipping address stated by the Buyer as part of the eShop checkout process or by email, and through a delivery service appointed by MB&F. The expected delivery time mentioned on the Website or by email is indicative, and may be subject to customs clearance or other delays outside of the control of MB&F. MB&F shall not be liable for any delayed Delivery.
6.5. For stock reasons, some Products are only produced on Order (hereinafter: the "Products made on Order"). In such cases, the Buyer will be informed by email, in principle, prior to the 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, by email. No withdrawal of Orders will be accepted for any Delivery delays which are not due to any fault of MB&F's.
6.6. In the event that several Orders are made simultaneously by the Buyer, Delivery may be split, such that certain Orders may be delivered before others.
6.7. The Buyer must immediately inspect the Products upon Delivery. If the Buyer discovers any defects, they must immediately notify MB&F without delay, and at the latest, within seven (7) days. In the absence of such notification, the Products shall be deemed to be accepted.
7.1. The Buyer understands and agrees that there is no withdrawal right once the Order is confirmed in accordance with article 3 above.
7.2. The right of MB&F to accept, at its sole discretion, a return for replacement in conformity with article 8 is reserved.
8.1. Warranty Period
8.1.1. MB&F warrants any Products delivered against defects for a period of two years starting from the moment of the Order.
8.1.2. Some Products sold on the Website and/or eShop are created by independent creators. In some cases, these independent creators may exceptionally grant a longer warranty period (hereinafter: the "Creators' Extension"). Such Creators' Extensions shall be expressly indicated on the Products' description page of the Website and/or eShop. Any such Creators' Extension is provided by the independent creators, but is administered by MB&F.
8.1.3. If the Buyer is a member of the Tribe, MB&F offers a two-year warranty extension (hereinafter: "MB&F's Extension"), meaning a total four-year warranty. MB&F's Extension does not apply to older models, for which the original two-year warranty has expired, and to pieces manufactured by external partners, such as Reuge music boxes or L'Epée 1839 table clocks, which are covered by the manufacturer's warranty.
8.2. Notice of Defects and Replacement or Repair
8.2.1. The Buyer shall notify MB&F of any defect affecting the Products within the warranty period.
8.2.2. In the event that a defect comes to light subsequently to the Delivery but within the warranty period, the Buyer shall notify MB&F immediately. In the absence of such notification, the Products shall be deemed to be accepted even in respect of such defects.
8.2.3. MB&F shall, at its sole discretion, replace or repair the Products in question, to the exclusion of any rescission of the Purchase Agreement or reduction of price. While waiting for MB&F's response, the Buyer shall keep the Product safely in its possession.
8.2.4. After-sales services may be provided following the end of the warranty period. Such services are subject to a quote and are performed only after approval of such quote by the Buyer.
9.1. The photos and texts illustrating and describing the Products appearing on the Website and/or the eShop are non-contractual and for information purposes only. MB&F assumes no responsibility for any errors or omissions in the photos or texts appearing on the Website and/or eShop.
9.2. MB&F may not be held liable towards the Buyer for any loss whatsoever arising in connection with the Products, their use, delivery, or for any damage caused to the Buyer in the execution of the Order, unless such damage is due to willful intent or gross negligence.
9.3. In no event shall MB&F be liable for any indirect damages, including but not limited to, consequential damages or loss of profits, or for any damage of whatever nature and whether or not based on the Purchase Agreement.
9.4. MB&F's aggregate liability for any damage it has caused shall in any event be limited to the Purchase Price of the Products paid by the Buyer.
9.5. Except for the express provisions of the General Conditions, and to the maximum extent permitted by applicable law, MB&F disclaims and excludes all warranties, terms and other conditions, including but not limited to any warranty, terms and other conditions of merchantability, satisfactory quality, fitness for a particular purpose, correspondence with description or non-infringement.
9.6. MB&F shall not be liable for any damages caused by the Products or any damages using the Products. MB&F assumes no product liability except as imposed by mandatory law.
10.1. The Buyer may not assign contractual rights to a third party, except with the prior written consent of MB&F.
11.1. Any processing of the Buyer's personal data shall be done in compliance with applicable legal provisions and in accordance with our Privacy and Cookies Policy.
12.1. The invalidity or unenforceability of any provision of these General Conditions shall not affect the validity of the remaining provisions. The invalid provision shall in this case be replaced by another provision with corresponding economic and legal effect.
12.2. MB&F may communicate with the Buyer by email. The Buyer consents to receive such communications in electronic form.
12.3. Any notification as foreseen in the present General Conditions must be done by registered mail.
13.1. Any Purchase Agreement concluded on the Website and/or the eShop or via email under these General Conditions of Sale shall be exclusively subject to Swiss law, excluding its conflict of laws principles. In particular, the applicability of the United Nations Convention on the International Sales of Goods is hereby excluded.
13.2. 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.
13.3. Nothing in these General Conditions, including the provisions hereabove in the present article, affects your rights as a consumer to rely on mandatory provisions of your local jurisdiction.
MB&F SA September 2023