TERMS & CONDITIONS

Welcome to Ma Box Française’s website. This site is maintained by Ma Box Française as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use (the Terms and Conditions”). Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. Agreement.

These Terms and Conditions specify the terms and condition for access to and use of www.maboxfrancaise.com (the “Site“) and describe the terms and conditions applicable to your access of, use of, as well as your purchase of products and related services through the Site. Ma Box Française reserves the right to amend the Terms and Conditions at any time, without notice, and for any reason whatsoever, by updating this page. Any such amendments shall be effective immediately. You can view the most recent version of these Terms and Conditions at any time at https://maboxfrancaise.com/condition-general-de-vente . Each use by you of this website shall constitute and be deemed your unconditional acceptance of these Terms and Conditions.

2. Privacy.

Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy which is incorporated herein.

3. Access to this site.

To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete. If Ma Box Française believes the information you provide is not correct, current, or complete, Ma Box Française has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time.

4. Applicable use of site.

You may use this Site only for purposes expressly permitted by these Terms and Conditions. Ma Box Française grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal and non-commercial use. As a condition of your use of the Site, you warrant to Ma Box Française that you will not use the Site for any purpose that is unlawful, immoral, or otherwise prohibited by these Terms and Conditions.

You may not use the Site for any other purpose, including any commercial purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Site, in whole or in part.

5. Intended Audience.

The Site is available to registered users who are 13 years and older with a valid and active registration. We reserve the right to revoke your registration at any time without notice and for any reason including as a result of a violation of these Terms and Conditions and/or the Privacy Policy. Registration is void where prohibited by law.

6. Subscription/description of order process.

The Site offers different subscription options, which you may select on the Site. By purchasing a monthly subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the then-current subscription rate. To cancel your subscription at any time or skip a month of subscription through our flexible subscription offer, email us at contact@maboxfrancaise.com or maboxfrancaise/account 

Any cancellation of a box shipment or change of delivery address shall be made before the 15th day of a given month for such cancellation and/or change to be effective for the month following said given month. If such change and/or cancellation is received after the 15th day of a given month, your cancellation and/or change will be taken into account after you received your box for the month following said given month and no refund will be provided for such item.

For subscriptions other than monthly, your subscription will not be renewed after your subscription expires. If you cancel your specified length subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. We reserve the right to revoke your subscription at any time as a result of a violation of these Terms and Conditions or the Privacy Policy. Subscription is void where prohibited by law.

Ma Box Française will not provide refund for a box which has already been shipped. In the event a materially defective box is delivered, Ma Box Française will ship a conforming non defective box if and after the subscriber has provided satisfying evidence that the box was defective upon delivery and if the content of the box is unaltered, has not been fully or in part consumed, and that your request is made within 10 days after your received the box, in accordance with articles L217-4 to L217-14 of the French Code de la Consommation.

7. Payment Terms.

All applicable prices are set forth alongside the goods and services offered on the Site, at the time of your purchase or subscription. They may differ from the prices offered elsewhere (online or offline) for the same goods, including by Ma Box Française. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal or Apple Pay). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

Pursuant to article L132-2 of the French Code Monétaire et Financier, your payment by card is irrevocable. You will not have the right to cancel your purchase (no droit de retractation), in accordance with section L121-21-8 of the French Code de la Consommation. By providing Ma Box Française with your card information, you allow Ma Box Française to debit your purchase and/or subscription amount from your card. If payment is not possible, your order will be cancelled.

8. Shipping Information.

It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges, which will be provided to you on the Site when you order. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

If, for any reason other than force majeure or your fault, the products you ordered are not delivered within 14 days after the provided delivery date, you may cancel your purchase in writing in accordance with articles L216-2, L216-3 and L241-4 of the French Code de la Consommation. Your payment will be refunded to you within 14 days following receipt of your written request.

9. Products.

The products listed on the Site are described in a non exhaustive manner. Images of the products may be displayed on the Site for informational purpose, bear no contractual value and Ma Box Française shall not be liable for any inaccuracies or otherwise for such images. Products listed on the Site may not be available and the products you order may not be exactly as depicted on the Site. The supply of certain products may be discontinued by Ma Box Française for any reason and without notice. We may limit the sales of our products to any person, geographic region or jurisdiction.

10. Ownership.

All content included on this Site is and shall continue to be the property of Ma Box Française or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in these Terms and Conditions. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

11. Trademarks.

Ma Box Française and others displayed on the Site are either trademarks or registered trademarks of Ma Box Française. Other product and company names mentioned on this Site may be trademarks of their respective owners.

12. Compliance with Laws.

You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

13. Data privacy.

Pursuant to the loi Informatique et Libertés of January 6, 1978, we inform you that nominative data requested from you are necessary to process your order(s) and to issue invoices and are stored in Ma Box Française’s data system or its subcontractor’s.

Such data may be provided to partners and/or potential partners of Ma Box Française in charge of your orders’ execution, processing, management and payment.

Data processing provided through the Site was subject to declaration to the CNIL.

Ma Box Française’s contact is:

Ma Box Française

RCS Bordeaux 852 336 452

81 Boulevard Pierre 1er – 33110 Le Bouscat – France

contact@maboxfrancaise.com 

tel: +33 0666551488

Pursuant to the loi Informatique et Libertés of January 6, 1978, reinforced by the GDPR (General Data Protection Regulation) applicable since May 25, 2018, you may, at any time, access, rectify, oppose, cancel and transfer all personal data by mail request to the above address, including your identification.

14. Indemnification.

You agree to indemnify, defend and hold Ma Box Française and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms and Conditions or use of the Site.

15. Disclaimer.

YOU UNDERSTAND THAT MA BOX FRANÇAISE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY CAUSE DAMAGE OR HARM TO YOUR COMPUTER(S) OR NETWORK(S). YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO PROTECT YOUR COMPUTER(S) AND NETWORK(S), AND THAT YOU WILL MAINTAIN ADEQUATE MEANS OF BACKUP OF YOUR PERSONAL DATA, EXTERNAL TO THIS WEBSITE. MA BOX FRANÇAISE FURTHER DISCLAIMS ANY RESPONSIBILITY TO ENSURE THAT THE CONTENT LOCATED ON THE SITE IS NECESSARILY COMPLETE AND UP-TO-DATE.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. WE DO NOT MANUFACTURE (OR DIRECT THE MANUFACTURE OF) ANY OF THE GOODS OR SERVICES OFFERED ON OUR SITE IN ANY WAY. THE AVAILABILITY ON OUR SITE OF GOODS AND SERVICES DOES NOT CONSTITUTE AN AFFILIATION WITH OR ENDORSEMENT OF ANY OF THE GOODS OR SERVICES OR THEIR MANUFACTURER. AS SUCH, SUBJECT TO APPLICABLE LAW, WE ARE PROVIDING THE GOODS AND SERVICES TO YOU “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY: (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (III) WARRANTY OF TITLE; OR (IV) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE). MA BOX FRANÇAISE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE, PRODUCT OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.  TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MA BOX FRANÇAISE MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE AT ANY TIME.

16. Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL MA BOX FRANÇAISE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, THE CONTENT, THE CONSUMPTION OF ANY PRODUCTS ORDERED THROUGH THE SITE OR SOLD BY MA BOX FRANÇAISE, AND/OR FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

17. Guaranties.

Conformity guaranty

Article L217-5 of the French Code de la Consommation:

The good conforms to the contract:

1° if it is suited for the use usually expected for a similar good and, if applicable:

  • If it fits the description given by the seller and possesses the qualities the seller presented to the buyer in sample or model form;
  • If it presents the quality a buyer may legitimately expect considering the public declarations made by the seller, the producer or its representant, including through marketing or labelling;

2° Or if it presents the characteristics defined by common agreement of the parties or is proper to any special use looked for by the buyer, and brought to the seller attention and if the seller accepted such use.

Article L217-9 of the French Code de la Consommation:

In case of nonconformity, the buyer chooses between reparation and replacement of the good.

However, the seller may not proceed according to the buyer’s choice if such choice entails a cost that is patently disproportionate with regards to the other modality, considering the value of the good or the defect’s importance. It shall hence proceed, unless it is impossible, according to the modality not chosen by the buyer.

Article L217-10 of the French Code de la Consommation:

If reparation and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded.

The same option is available:

1° If the requested solution, offered or convened pursuant to article L217-9 cannot be applied with one month following the buyer’s request;

2° Or if such solution cannot be without major inconvenient for the buyer considering the nature of the good and the use it seeks.

Article L217-12 of the French Code de la Consommation:

The cancellation of the sale can however not be pronounced if the non conformity is minor.

Article L217-13 of the French Code de la Consommation:

The provisions of this section do not deprive the buyer from the right to any action for redhibitory vice as provided in articles 1641 to 1649 of the Civil Code or any other action whether contractual or extra contractual provided by law

Hidden defects

You may decide to use the hidden defects guaranty against the hidden defects of the good sold according to article 1641 of the Civil Code. In such case, you may choose between cancelling the sale or reducing the price according to article 1644 of the Civil Code.

18. Use of Information.

Ma Box Française reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

19. Copyrights and Copyright Agent.

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is [name of agent for notice], who can be reached as follows:

By Mail: 81 Boulevard Pierre 1er, Le Bouscat 3310

By Phone: +33 6 66 55 14 88

By E-mail: contact@maboxfrancaise.com

20. Third-Party Beneficiaries.

These Terms and Conditions are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms and Conditions.

21. Force Majeure.

Ma Box Française shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

22. Assignment.

Ma Box Française may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

23. Severability.

If any provision of these Terms and Conditions shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

24. Governing Law/jurisdiction:

(a) Governing Law These Terms and Conditions shall be governed by the laws of France without regard to its conflict of laws principles.

(b) Jurisdiction: The parties hereby agree that any suit, action, or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, these Terms and Conditions or the transactions contemplated hereby, whether in contract, tort, or otherwise, shall be brought in courts of Bordeaux, France. Each of the parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action, or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action, or proceeding in any such court or that any such suit, action, or proceeding that is brought in any such court has been brought in an inconvenient forum.

You may however recourse to conventional mediation.

25. Waiver.

The failure of Ma Box Française to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  Any waiver of these Terms and Conditions by Ma Box Française must be in writing and signed by an authorized representative of Ma Box Française.

26. Relationship of the Parties. 

Nothing contained in these Terms and Conditions or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

27. Entire Agreement.

these Terms and Conditions constitutes the entire agreement between you and Ma Box Française and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Ma Box Française with respect to this Site.  Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website.  Ma Box Française may revise this Terms of Use at any time by updating this Agreement and posting it on the Site.  Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

28. Precontractual information

You acknowledge having received, prior to your order, these Terms and Conditions and all the information required at articles L111-1 to L111-7 of the French Code de la Consommation, in a legible and comprehensible manner, specifically:

  • The main characteristics of the products, considering the media used and the relevant product;
  • The price of the products and ancillary costs (for instance, delivery)
  • The delivery date or the delivery timeline Ma Box Française undertakes to have the products delivered to you;
  • The information relating to Ma Box Française’s identity, its mailing address, telephone and electronic contact, to its business, if within context;
  • The functionalities of the digital content and, if applicable, its interoperability;
  • The possibility to recourse to conventional mediation in case of dispute;
  • Information relating to the absence of right to retract;

29. Contact Information.

Ma Box Française

81 Boulevard Pierre 1er – 33110 Le Bouscat – France

contact@maboxfrancaise.com 

tel: +33 0666551488