Article 1 - General
These Sale General Conditions define the terms of sale on the Website http://www.madlords.com, of luxury products and services for men and women, marketed and distributed by MAD LORDS (hereinafter the “Products and Services”) to its customers for their personal use (hereinafter referred to as the "Customer"), as well as the rights and obligations of the parties arising from online sales.
By purchasing a Product and Service on the Site, the Customer acknowledges having read these Sale General Conditions and having accepted them without restriction or reservation. Given the electronic nature of the contract between the Client and MAD LORDS, this agreement is in no way conditioned by a handwritten signature on the part of the Client.
Any written document and/or any other special conditions contained in documents issued by the Customer (including the order) may not prevail over these General Terms and Conditions of Sale without the express prior written consent of MAD LORDS.
If necessary, the Customer may save or print these Sale General Conditions, provided that they are not modified.
The version of the Sale General Conditions available online on the Site will, if applicable, prevail over any other version of these General Conditions of Sale, with the exception of modifications that may have taken place after an order and this, in accordance with common law.
Article 2 - Membership and registration
Simple navigation on the Site is free and does not require creating a Customer Account.
In order to be able to access certain services, each Client must create an account and provide on the Site its username (email address or other term of his choice) and choose a password.
The Customer is informed of the need to provide a valid email address in order to receive an email confirmation of the creation of said account.
The set constitutes its "Identifying Codes".
Each Client acknowledges its full responsibility in the use that will be made of its Identifier Codes as of the Site.
The Customer undertakes not to choose any identifier that infringes on the rights of a third party and therefore refrain from using an identifier that infringes an intellectual property right, a registered trademark, a legal name or a surname, without this list being exhaustive.
He undertakes to perform all acts within the space reserved for him under his own Identification Codes and all acts performed under these identifiers will be considered to have been performed by him.
In the event of forgetting, misuse or unauthorized use of its Identification Codes by another Customer, MAD LORDS shall not be liable under any circumstances and the Customer shall immediately inform MAD LORDS of this situation, by email to: donneespersonnelles@madlords.com and by mail to the following address: 91 rue du Faubourg Saint-Honoré 75008 Paris.
In accordance with Article 11 - of the TOU, the Customer has the right to access, modify, rectify and delete the data concerning him, being informed that the Site has been the subject of a declaration to the CNIL under receipt number 1613143 v 0 and this, in accordance with the law «Informatique et libertés» no. 78-17 of 6 January 1978.
Article 3 - Products
3.1. Description of Products
MAD LORDS presents on the Site the Products and Services, as well as their detailed descriptions contained in the sheets corresponding to each product and/ or service, thus allowing the Customer to know before the final validation of his order, the essential characteristics of the Products and/or Services he wishes to purchase, in accordance with the provisions of Article L. 111-1 of the French Consumer Code.
MAD LORDS will also make its best efforts to ensure that the color and pattern of the Products whose photos are displayed on the Site are true to the original Products.
MAD LORDS will also make its best efforts to best define the characteristics and services offered to the Customer.
However, in view of the way in which products and services are presented on the Internet, it is possible that the impression received by the Customer of the photographic representation of the products and services does not correspond accurately to the product itself.
In accordance with the provisions of Article L.121-20-3, in the event of unavailability of the Product, in particular the color of the Product ordered by the Customer, MAD LORDS may propose to the Customer a Product or Service of equivalent quality and price.
3.2. Prices of Products and Services
The applicable prices are those indicated on the Site at the time the Customer validates his order.
Prices are in EURO and include all taxes. Prices are subject to French VAT and any change in the legal rate of this VAT will be reflected in the price of the Products presented on the Site, on the date stipulated by the implementing decree referring thereto.
The Customer is informed that delivery charges will be charged in addition to the price of the Products, and that they will be specifically indicated for this purpose on the order summary and order confirmation email and added to the total price of the order.
At any time and without notice, MAD LORDS reserves the right to change its prices. However, these changes will not affect the orders that MAD LORDS would have accepted prior to the coming into force of these changes.
Article 4 - Ordering Products and Services
4.1. Ordering a Product and Service
By browsing the Site, the Customer has the possibility to freely take cognizance of the various Products and Services offered for sale on the day of browsing the Site.
In order to order any of these Products, the Customer will click on the icon placed for this purpose and appearing next to each photo of the Products after having chosen the size and color of the Product, if any, according to availability.
At any time during the navigation, the Customer can make sure of the Products and Services chosen (nature, quantity, etc.) in the "My Cart" section.
The Customer has the possibility, at any time during the order process, until the actual payment of the latter under the conditions provided for in paragraph 5.3 below, to return to this order in order to complete, modify or even cancel it.
Once the selection of the Products has been completed, the Customer will be invited by a new Internet page to communicate his contact details by accurately filling in the form made available to him.
It particularly undertakes to indicate an address to which delivery may be made during business hours from Monday to Saturday, as well as its surname(s), first name(s) and e-mail address.
Once the form is fully completed, an order summary will include all the information relating to this order, namely the nature, quantity and price of the Products, the total amount (including transport costs) of the order, the Customer’s details, the delivery address and the billing address will appear on the screen.
After having read the status of his order, the Customer will be invited to:
Ø or click on the «Place my order» button to proceed to the payment of his order;
Ø or click on the “Return to cart” button to change the characteristics of your order and/or the information about your personal details;
By clicking on the «Place my order» button during the order process, the Customer must first read these general terms and conditions of sale and then tick a box in front of the message “I have read and agree to the Terms of Use”.
4.2. The Customer guarantees that he is fully entitled to use the bank card provided for the payment of his Order and that this bank card provides access to sufficient funds to cover all costs resulting from the use of the MAD LORDS Services.
4.3. By clicking on the "Place my order" button during the Order process, and after having checked the contents of the Order in its "Shopping Basket" and, if applicable, having modified it, the Customer declares that it fully and without reservation accepts all of these Terms and Conditions of Sale.
After confirming the content of his Order, the Customer will validate it definitively by payment.
4.4. The Order shall not be final until the corresponding price has been paid.
MAD LORDS will systematically confirm the order of each Customer, then its shipment by email.
4.5. The price inclusive of all taxes for each product or service is indicated in the corresponding product or service sheet. The shipping costs of the Customer’s order will be indicated to him before the final validation of it. In addition, once the order is validated, the prices and fees will remain accessible in the «My Account» section of the Website.
Once these terms and conditions of sale have been accepted and the order confirmed, an Internet page dedicated to the payment of the order will open.
The Customer must then proceed to the payment of his order.
The data recorded by MAD LORDS is proof of all transactions between MAD LORDS and the Customer.
4.6. Paying for a Product or Service
The payment of the order is made on the Internet and must be concomitant to it, according to the instructions given for this purpose during the process of validation of the order. Payment will be made in EURO by the electronic payment system Stripe™: either by credit card (Visa, Mastercard, American Express) or by the Customer’s Paypal interface as part of a payment by Paypal, excluding any other means of payment.
MAD LORDS uses the secure payment tool STRIPE™ and guarantees the Customer that it never has access to the confidential information relating to the means of payment used by the Customer to pay his order.
In order to proceed with the payment due, the Customer will be asked to provide the credit card number, the expiry date of the latter accompanied if necessary by the visual cryptogram.
The Customer’s bank details are requested at each order as only the bank chosen by MAD LORDS for the completion of this financial transaction remains in possession of the confidential information.
To this end, the Customer guarantees MAD LORDS that it has the necessary authorizations to use the payment method chosen at the time of the validation of the order. If the bank refuses, the order will be automatically cancelled and the Customer notified by sending an email.
Once the payment of an order has been executed, a printable and recordable summary of the Customer’s order will be displayed, including the order references.
4.7. MAD LORDS Order Confirmation
The order will only be considered firm and final once confirmed by MAD LORDS to the Customer.
MAD LORDS reserves the right to refuse any order or delivery in the event of an existing dispute with the Customer, in particular as a result of the Customer’s failure to comply with the obligations subscribed to under these General Terms and Conditions of Sale, in particular with regard to any incident of payment of the price of an order, which could result in the suspension of access to the Site of MAD LORDS, or the termination of its customer account, without prejudice to any damages that MAD LORDS may seek.
Following the payment of the order, the confirmation of MAD LORDS is sent as soon as possible by e-mail.
This order confirmation email sent by MAD LORDS will contain the following information:
- the order number determined by MAD LORDS at the time of its validation by the Customer;
- the summary of the order (description of the Product(s) and Service(s) ordered, quantity, price);
- the total amount of the order, including all taxes;
- shipping costs;
- confirmation of payment;
- the conditions and procedures for exercising the right of withdrawal, in accordance with the provisions of Articles L.121-20 of the French Consumer Code;
- the modalities relating to the delivery of the Products ordered (expected shipping time - 30 days maximum from the validation of the order).
4.8. Availability of Products and Services
The Products and Services distributed online by MAD LORDS are those that appear on the Site, on the day of the Client’s consultation of the Site and within the limits of the available stocks and the availability of the various service providers involved.
In case of unavailability of a Product or Service, MAD LORDS will inform the Customer as soon as possible by e-mail of the delivery of a partial order or the cancellation of its order.
However, in accordance with the provisions of Article L.121-20-3 of the French Consumer Code, in the event of unavailability of the Product, in particular the color of the Product ordered by the Customer, MAD LORDS will be likely to offer or deliver to the Customer a product of equivalent quality and price.
If the Customer’s bank account has already been debited at the time of the aforementioned Customer information, MAD LORDS undertakes to reimburse the Customer as soon as possible, the price of the Product not available on the bank account debited at the time of the order as well as the shipping costs related to this Product.
In case of request by the Customer for the cancellation of his entire order, MAD LORDS undertakes to refund the Customer the sums paid within thirty (30) days at the latest after their withdrawal.
At any time, MAD LORDS reserves the right to modify or no longer market the Products and Services offered on the Site, these modifications having no impact on the orders that MAD LORDS would have accepted before the entry into force of these modifications.
Article 5 - Delivery & receipt of the order
MAD LORDS retains ownership of the Products and Services ordered until full payment of the order price, including shipping costs if they are due.
5.1. Customer Delivery
The Products will be delivered to the postal address indicated by the Customer on the occasion of his order and which will appear on the delivery note.
The Services will be performed in accordance with the conditions mentioned in the terms and conditions set out in the Service specifications sheet.
The delivery will be made according to the delivery method selected by the Customer at the time of his order and according to the country of delivery and the price proposed by the carrier.
The Customer will be informed during the validation of his order, of the delivery rate proposed by the carrier.
For all deliveries in mainland France and the European Community, the order will be sent to the Customer by the carrier Colissimo or Fedex or competitor service provider of his choice.
The Customer will be able to follow the progress of its delivery on the Site on its "My Account" page
Delivery being provided by third-party service providers, the Customer is informed that MAD LORDS cannot be held liable in any way if the non-performance or the bad performance of this obligation is attributable to the Customer or to the unforeseeable or insurmountable fact of a third party to the contract or to a case of force majeure.
5.2. Delivery Times of the Products and Performance of the Services
The delivery will take place at the latest within thirty days of the order, unless otherwise specified by the Customer before the order is placed, indicating an average delivery time.
The service will be provided in accordance with the conditions mentioned in the terms and conditions set out in the Service’s specifications.
5.3. In the event of a delay in delivery or performance of the Service
Any delay in delivery must be reported by the Customer as soon as possible to MAD LORDS who will conduct a survey of the carriers in question.
Any delay in the performance of the Service must be reported by the Client as soon as possible to MAD LORDS, which will conduct a survey of the service providers in question.
The Customer will have the right to cancel his order if the delivery of the order has not taken place at the latest fourteen days after the delivery date indicated, unless this delay is due to a case of force majeure.
From the exercise of the right of denunciation, or the conclusions of the investigation carried out by MAD LORDS confirming the loss of the parcel, MAD LORDS will make a refund on the bank account debited at the time of the order, as soon as possible, to the exclusion of any other compensation, or redirect the Products at its own expense if the order has not been denounced by the Customer. In the case of a Service, no special compensation will be due to the Customer, as MAD LORDS is not itself the Service’s executor.
In case of partial delivery of the order, the delivery can be made in several times, and this right will only concern the balance not delivered of the order.
5.4. Receipt of the Products by the Customer
Each delivery is deemed to have been made as soon as the Products are made available to the Customer by the carrier, materialized by the control system used by the carrier.
It is the Customer’s responsibility to verify the conformity and integrity of the Products shipped immediately upon receipt of the Products.
Without prejudice to the time limits available to the Customer under its right of withdrawal, as specified in article 7 below, it is up to the consignee to verify the shipments on arrival and to make with the carrier, any reservations and claims that would appear justified in case of delay, breakage or missing.
The Customer must issue complete and precise reservations on the delivery slip. In accordance with article L.133-3 of the French Commercial Code, any reservation must be confirmed by registered letter to the carrier within three (3) days of receipt.
Any reservation of this type must also be notified to the MAD LORDS Customer Service, whose contact details appear on the Site, within the same time frame and in the same form. A copy of the claim addressed to the carrier must be attached.
CAUTION: Never sign the carrier’s slip without checking the conformity and the good condition of the delivered goods, in the presence of the delivery person.
If you notice any anomalies, you must first mention them on the delivery slip, accompanied by your signature.
In a second step, you must also confirm the reservations to the carrier by registered mail with acknowledgement of receipt no later than two business days after delivery of the item or items, as indicated in our general conditions of sale.
In the event of non-compliance with these instructions, please note that we cannot be held liable in any way for any damage related to the delivery of your package(s).
Article 6 - The right of withdrawal
In accordance with the provisions of article L.121-20 of the French Consumer Code and subject to the assumptions referred to in article L.121-20-3 of the said Code, the Customer has a reflection period of seven (7) working days, from the day of delivery of the order, to return, at its own expense, the Product or service ordered does not give it satisfaction if and only if the latter has not yet been performed, subject to the cancellation conditions with said Service Provider.
The Product must be returned complete, in perfect condition and in its original packaging accompanied by the delivery note, the invoice and an accompanying letter. This right of withdrawal cannot be exercised if the Product bears the mark of a certain use, which is not necessary for the sole testing of the said Product, and is not in any case in a use allowing its resale to consumers.
Under these conditions, MAD LORDS undertakes to refund the Customer, on the bank account debited at the time of the order, within a maximum period of thirty (30) days, from receipt of the Product.
If the right of withdrawal is exercised after the date of departure of the Products from the MAD LORDS warehouses, the costs of return will remain at the Customer’s expense.
Article 7 - The Customer’s right of return
In case of receipt of a non-compliant Product, the Customer is authorized to return the Product to MAD LORDS by following the instructions given to him on the Site.
In this regard, it is specified that MAD LORDS does not accept packages addressed in postage due, and that the Product must be returned in its original packaging and packaging with the invoice.
Upon receipt of the returned non-compliant Product, MAD LORDS will perform a check on the non-conformity of the Product which, if confirmed, will automatically result in a refund to the Customer.
This refund will be made to the bank account debited when ordering the Product within thirty (30) days of receipt of the non-conforming Product. This refund will also include a refund of the initial delivery charges.
Any risk related to the return of the Product shall be borne by the Customer.
Article 8 - Compliance and Security
MAD LORDS guarantees that the Products conform to the intended use, and do not exhibit any hidden defects or defects making them dangerous or unfit for their normal use.
In the case of a Product that does not comply with the information given during the presentation of the Product on the Site, and in accordance with article L.211-5 of the French Consumer Code, or if this Product has hidden defects referred to in article 1641 of the French Civil Code, it will be refunded to the Customer within a maximum period of thirty (30) days, subject to compliance with the above mentioned conditions.
The following provisions apply to the Customer’s warranty scheme by MAD LORDS:
Article L.211-4 of the Consumer Code:
The seller is obliged to deliver a good in accordance with the contract and is liable for any noncompliance existing at the time of delivery.
He shall also be liable for any defects in conformity resulting from the packaging, installation instructions or installation where the latter has been charged by the contract or has been carried out under his responsibility."
Article L.211-5 of the Consumer Code:
“To comply with the contract, the property must:
1 Suitable for the usual intended use of a similar good and, if applicable:
§ correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model;§ present the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 Or present the characteristics defined by mutual agreement of the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted."
Article L.211-12 of the Consumer Code:
"The action resulting from the failure to comply shall be prescribed after two years from the date of issue of the property."
Article 1641 of the Civil Code:
“The seller is bound by the warranty by reason of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish that use so much that the buyer would not have acquired it, or would have given it only a lesser price, if he had known it.”
Article 1648, paragraph 1 of the Civil Code:
“An action resulting from a defect must be brought by the purchaser within two years of the discovery of the defect.”
Article 9 - Liability
MAD LORDS shall not be liable for any inconvenience or damage arising from the use of the Internet, in particular a breach of service, an external intrusion or the presence of computer viruses.
MAD LORDS shall not be liable for any breach of its obligations as defined herein resulting from a case of force majeure.
Without prejudice to the provisions of the preceding paragraphs, the liability of MAD LORDS under these General Conditions of Sale may not exceed an amount equal to the sums paid or payable in connection with the transaction giving rise to such liability, whatever the cause or form of the action concerned.
Article 10 - Information technology and freedoms
The information collected in the context of distance selling is mandatory. This information is necessary for the processing and delivery of orders as well as for the preparation of invoices. If the information is missing, the order is automatically rejected.
In accordance with Law no. 78-17 of 6 January 1978 on data processing, files and freedoms, the processing of the nominative information collected on the Site has been the subject of a declaration to the National Commission for Information Technology and Freedoms under no. 1613143 v 0.
The Customer has the right to access, modify, rectify and delete the personal information collected by MAD LORDS concerning him. To exercise this right, the Customer may send an e-mail to the MAD LORDS Customer Service at the e-mail address donneespersonnelles@madlords.com or send an e-mail to the Personal Data Service at 91, rue du Faubourg Saint-Honoré 75008 Paris.
After express consent of the Customer when collecting its personal data, MAD LORDS reserves the right to transmit its data to business partners.
The Customer may be required to receive from MAD LORDS and/or, where appropriate from its partners, e-mails providing information on MAD LORDS' products and activities. The Customer retains the right to refuse such communication a posteriori, either by not giving his consent at the time of the validation of the order, or by manifesting his refusal by email.
Article 11 - Securing and cryptography of data
The MAD LORDS site is the subject of one of the most efficient security systems at the moment. It has not only adopted the Secure Socket Layer (SSL) encryption process, but also strengthened all the jamming and encryption processes in order to protect as efficiently as possible all sensitive data related to the means of payment.
The Customer is reminded that MAD LORDS never has access to confidential information relating to the means of payment. This is why the Customer’s bank details are requested at each Order.
Indeed, only the C.I.C bank through its "PAYBOX" payment module, has confidential information (card number, validity date) that is inaccessible by a third party.
Article 12 - Correspondence - Evidence
Unless otherwise provided in these general conditions, correspondence between the parties shall be provided by e-mail.
In accordance with Articles 1316 and following of the Civil Code and, the Customer declares that the information issued by him to MAD LORDS is valid between the parties as long as no contradictory authenticated and signed writing, challenging this computerized information, will be produced.
The elements such as the time of receipt or issuance, as well as the quality of the data received, shall take precedence as shown on the MAD LORDS' computer systems unless they are proven in writing and to the contrary by the Customer.
The scope of proof of the information issued by MAD LORDS' computer systems shall be that granted to an original within the meaning of a written, handwritten document.
Article 13 - General behavior of Customers
On the occasion of their accession to these GCU, as well as the subsequent use of the Site, MAD LORDS has made available to them means of communication allowing them to participate in the community life of the Site and this, through several social networks.
In this extension, the Customers forbid to transmit:
- incorrect or false information for entry,
- all personal information (name, telephone number, e-mail address, etc.)
- any sensitive information of racial or ethnic origin or on political, philosophical or religious opinions, membership in a trade union, sexual life or health, contrary to good morals and the law.
In the event of any breach or violation of these rules by reason of the transmission of such information, MAD LORDS, in addition to having the right to delete such contentious messages without notice, reserves the right to remove Customers' access to MAD LORDS and their account.
They must ensure that all the information communicated subsequently remains correct and refrain from creating or using on the Site, unless authorized, accounts other than their own under their own identity and/or that of a third party, Being reminded that any identity theft is liable to prosecution and criminal sanctions, that finally any breach of this commitment may result in the immediate suspension of the Client’s accounts without notice.
Finally, they engage in the same register, as provided for in Article 4 hereof, and in the event that they become aware of a usurpation of their identifiers by a third party who has accessed their account, to inform the Site’s administration team by email at fraud@madlords.com before confirming it by registered letter with acknowledgement of receipt at 91 rue du Faubourg Saint-Honoré 75008 Paris.
Article 14 - Customer Comments and Contributions - Property Rights
14.1. The Clients remain the sole owners of the rights attached to the content they intend to publish and distribute through the Website and the Internet pages dedicated to MAD LORDS on social networks (hereinafter referred to together as «the MAD LORDS community»)works of the mind in general, such as comments, texts, images, URL links (hereinafter referred to as “Content”), which they would publish on the MAD LORDS community in the comment area allowing them to give their opinion on the Products and Services offered by the MAD LORDS suppliers.
14.2. By the mere fact of having allowed the Content to be published on the MAD LORDS community, each Client shall carry with them a non-exclusive license granted to MAD LORDS to use, represent, reproduce, communicate to the public from the Site or from the Site from any known or future electronic communication network (Internet, 2G and 3G mobile telephony, ADSL TV, etc.), distribute and even modify the corresponding Content, in the latter case, to meet the needs and technical constraints of the MAD LORDS service itself, particularly when it comes to digital compression of video files, or format the said content and that this license is limited to the uses necessary for the exploitation of the MAD LORDS community, as long as these Contents are available and at the sole will of the Customer outside of any other outside of the Site, except with the prior express consent of the latter.
14.3. The Customer thus guarantees:
- be the sole owner of the Content referred to in Article 15 which it publishes on the MAD LORDS Community, being able to publish it and having authority to grant the licence to MAD LORDS, under the conditions of Article 15.1 above.
- not violate by their publication any of the protected rights, whether human rights or those provided for by the intellectual property code (copyright, neighboring right, trademark, patents, etc.),
- not to use content of a nature:
v cause harassment of third parties or call on third parties to engage in harassment,
to incite hatred, discrimination, racism, fanaticism and physical violence against individuals or groups of individuals,
v depicting scenes of pornography, pedophilia, or any other offensive subject or containing a link to an adult-only Internet Site,
v soliciting personal information from minors,
v to give telephone/fax numbers, street names, names, postal addresses or e-mail addresses,
to represent or advocate unlawful activities or conduct of a defamatory, abusive, obscene, threatening or slanderous nature and false or misleading information,
v to propose an illegal or unauthorized copy of copyrighted works, patents or trademarks,
v to induce, provoke or promote the transmission of e-mails, chains of e-mails, mass unsolicited mailings, instant messages, unwanted advertising messages or unsolicited e-mails,
v encouraging or encouraging any criminal activity or enterprise or giving indications or instructions on how to promote illegal activities, invasion of privacy, dissemination and creation of computer viruses,
v soliciting passwords or personal information from other Customers for illegal commercial purposes,
v involve commercial activities and/or sales such as contests, advertising lotteries, exchanges, advertisements and pyramids without the written consent of MAD LORDS,
v to distribute reproduce, publish or otherwise modify copyrighted materials, trademarks or any proprietary rights of third parties without their prior consent.
Article 15 - Intellectual property
MAD LORDS is the exclusive holder of intellectual rights on the Site and the MAD LORDS community, including all texts, comments, works, illustrations, videos and images, whether visual or sound, reproduced on the Site and its databases of which it is the producer.
All these intellectual creations are protected under copyright, trademark law, patent law, database sui generis law and image law, for the whole world.
These creations are the complete property of MAD LORDS.
MAD LORDS is a trademark registered with the INPI by MAD LORDS under number 3.909.234
However, the latter grants to the Customers recognized as such within the meaning of article 15.1 above a license allowing them to reproduce and display the contents of the Site, but only and strictly for their personal use in the context of viewing this Site.
However, this license excludes the right of Customers to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or assign the rights to any content appearing on and through the MAD LORDS community.
As such and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or more restrictive provisions of this code, is authorized.
Any other use constitutes an infringement and is sanctioned under Intellectual Property unless prior authorization from MAD LORDS.
As a reminder, the fact of attaching a hypertext link to the MAD LORDS community, using the technique known as framing or deep linking, is strictly prohibited as provided for in article 16.3.
Any other use constitutes an infringement and is sanctioned under Intellectual Property unless prior authorization from MAD LORDS.
Any form of full or partial copying, aspiration and reproduction of the database produced and exploited by MAD LORDS on the MAD LORDS community is strictly prohibited without its prior written consent.
Article 16 - Web 2.0 Sharing Tool - Hyperlinks and Hyperlinks
16.1. MAD LORDS has put in place interactive communication tools known as «Web 2.0» allowing the Customer to comment and rate the Products which it has been able to benefit from via the Site. Comments and messages published on the MAD LORDS community by the Client on this occasion must comply with the rules set out in Article 14 - Article 15 - of these General Terms and Conditions.
16.2. MAD LORDS has developed tools enabling the Customer to share with his friends all the information requested through the various community sites, social networks and blogs published by third parties.
However, MAD LORDS exclusively authorizes the Customer to use this type of communication and sharing only for promotional purposes, excluding any commercial use or unrelated to the distribution on the Site of the Products and Services.
16.3. The Site may contain, where appropriate, hyperlinks and/or hyperlinks to websites published and hosted on third-party servers, particularly with regard to banner ads, which is not governed by MAD LORDS and over which no control can be exercised.
MAD LORDS is not responsible for the legal consequences of accessing these websites.
The Customer may not publish hypertext links on the MAD LORDS community or on the forums if these links refer to websites whose content contravenes the provisions of Article 15.2 hereof.
In such a case, any disputed link found by MAD LORDS and/or notified by a third party must be immediately and without delay deleted at the request of MAD LORDS.
If, after written notification from MAD LORDS, the Customer has not complied with the provisions of this article, MAD LORDS reserves the right to delete the disputed message directly and in case of recurrence, to permanently delete the Customer’s account with all the legal consequences provided for in Article 15 - of this Agreement, in particular to prevent the offending Customer from accessing online comments on the MAD LORDS community .
The use of hypertext links and/or hyperlinks pointing to the MAD LORDS community is authorized by MAD LORDS in the strict framework of the promotion of the Site but on the condition that the integrity of the Site is preserved and that no risk of confusion between the Site and Internet sites published by third parties is not found.
In this perspective, MAD LORDS strictly forbids any user to use the techniques of «framing», «inline linking» and «deep-linking» relating to the unauthorized use of the Site’s content and its integration on third-party web pages.
Article 17 - General
17.1. Force Majeure
Any event outside the control of MAD LORDS against which it could not reasonably protect itself constitutes a case of force majeure and thus suspends the obligations of the parties, as for example without this list being exhaustive: flooding, fire, storm, lack of raw materials, transportation strike, partial or total strike, or lockout, technical breakdown (EDF, ERDF, telecommunications operators, Internet access or accommodation providers, Registrar, etc.), power outage (such as electricity), a failure of the electronic communication network on which MAD LORDS depends and/or the networks which would replace it.
MAD LORDS shall not be liable, or deemed to have failed to fulfill its obligations under these General Conditions of Sale, for any non-performance related to a case of force majeure as defined by law and French jurisprudence, on the condition that it notifies the other party, on the one hand, and that it does its utmost to minimise the damage and perform its obligations as soon as possible after the event of force majeure has ceased.
17.2. Technical provisions
MAD LORDS services are provided as and when available.
MAD LORDS does not guarantee an error-free, uninterrupted and secure delivery of the services offered via the Site and is not bound by any obligation of personalized assistance including technical.
17.3. Updating of the General Conditions of Sale
These General Conditions of Sale may be modified at any time on the initiative of MAD LORDS. Any changes to these General Terms and Conditions of Sale and the documents referred to therein will be communicated to the customer upon his first use of the site after this change.
17.4. Entire Contract
These General Terms and Conditions of Sale and the order summary sent to the Customer constitute a contractual package and constitute the entire contractual relationship between the Parties.
In general, it is provided by express agreement between MAD LORDS and the Customer that the e-mails will be authentic between them as well as the automatic registration systems used on the Site, in particular as to the nature and date of the order.
The Customer may access, if necessary in accordance with the rules of common law, the electronic contract concluded between the Customer and MAD LORDS. To do so, they contact the Customer Service by e-mail to which they will provide all the necessary information, including the order number and contact details.
17.5. No waiver of the General Conditions of Sale
The fact that one of the parties to these General Conditions of Sale did not require the application of any clause, whether permanent or temporary, shall in no case be considered as a waiver of the rights of that party arising out of that clause.
17.6. Nullity
If one or more provisions of these General Conditions of Sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations of these General Conditions of Sale will retain all their force and their scope.
If necessary, MAD LORDS undertakes to immediately delete and replace this clause with a legally valid clause.
17.7. Title
In case of difficulty of interpretation between the title of any of the articles and any of the clauses, the titles will be deemed unwritten.
17.8. Applicable Law - Litigation
THE LAW APPLICABLE TO THESE GENERAL CONDITIONS OF SALE AND TO ORDERS RELATING THERETO IS FRENCH LAW, EXCLUDING THE VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.
SUBJECT TO THE CONTRARY PROVISIONS OF THE CODE OF CIVIL PROCEDURE, ANY DISPUTE WHICH MAY ARISE IN CONNECTION WITH THEIR VALIDITY, INTERPRETATION OR ENFORCEMENT AND WHICH HAS NOT BEEN SETTLED AMICABLY BY THE PARTIES HERETO, WILL BE SUBMITTED TO THE COURTS OF THE JURISDICTION OF PARIS, NOTWITHSTANDING A PLURALITY OF PARTIES REFERRED OR EXPERT OPINION.