TERMS AND CONDITIONS OF SALE

IBE-SHOP

These general terms and conditions of sale (hereinafter, the " GTCS ") apply to Orders placed through the online merchandising sales service offered by the Company through its e-boutiques, which can be consulted from personal pages and/or dedicated websites (hereinafter, the " Service ").

1 - DEFINITIONS

"Customer": a natural person, registered on the Service and purchasing Product(s) online, aged at least 18 (eighteen) years or, failing this, undertaking to obtain the authorization of his/her parents or guardian exercising parental authority prior to registering for the Service.

"Order": any purchase of Product(s) made from the Service by a Customer. An Order is deemed to have been placed once the Customer has made payment.

"Customer Account": an account created by a Customer using the Service, enabling them to access their identification data, track their Orders and consult their payment history.

"Company": MISTER IBE, 27 RUE DE PICARDIE 75003 PARIS, SASU with a capital of 4000 Euros, registered with the RCS of Paris under number 808 940 944, intracommunity VAT number: FR20808940944, represented by its President, Mr Ibrahim MAALOUF. The Company can be contacted by post at the above address or by email at the following address: sav.ibrahimmaalouf@media-industry.fr

"Products" : physical merchandising products (such as clothing, books, accessories, etc.) reproducing content linked to a group, artist, creator or brand, as well as any physical recording media such as CDs, vinyls, DVDs and/or any other type of product that the Company may market on the Service.Customer Service" or " Service ": service made available to the Customer by the Company from Monday to Friday, 9am to 5pm, enabling the creation of a Customer Account and the processing, via the " Order Details " section of their Customer Account, or via the Help Centre sav.ibrahimmaalouf@media-industry.fr or by post to the following address MEDIA LOGISTIQUE Boutique Ibrahim Maalouf ZI des Paituotes 402 Chemin des Grandes Hyères, 88100 Sainte-Marguerite France , of any complaints from Customers.

2 - PURPOSE OF THE TERMS AND CONDITIONS

These GCS determine the rights and obligations of the Company and the Customer in connection with the online sale of Products offered by the Company.


3 - APPLICATION OF TERMS AND CONDITIONS

These General Terms and Conditions come into force as soon as the Customer places an Order under the conditions set out in article 5 below. The Customer therefore undertakes to consult and validate these GTS before each Order, by ticking the appropriate box in accordance with article 5.2. 

These General Terms and Conditions of Sale govern the sale of Products through the Company's website, and form an integral part of the contract between the Company and the Customer. They are fully enforceable against the Customer who has accepted them before placing an Order.

The present General Terms and Conditions of Sale, which the Company reserves the right to modify at any time by publishing a new version on its website, shall prevail over all other documents or conditions, except in the case of special conditions issued by the Company, which the Customer expressly declares to know and accept, without restriction or reservation. Only the version of the GCS online at the time the Customer places an Order, in accordance with article 5.2, applies between the Company and the Customer.

The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.

The Customer declares that he/she is legally capable of entering into a contract under French law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract.

In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.

4 - CREATING A CUSTOMER ACCOUNT

4.1 Access to the Service requires the Customer's prior registration using the form made available to the Customer when he/she first connects to the Service to place an Order, or the prior creation of a Customer Account. 

As part of the registration process, the Customer provides the Company with the following identification details: 

  • Last name / First name
  • Name of parent company (if applicable) 
  • e-mail 
  • Delivery address / Billing address
  • Password 
  • Identifier

4.2 All duly completed registration applications are sent to the Company, which acknowledges receipt by e-mail and activates a Customer Account.

4.3 The Customer is solely responsible for the confidentiality of his/her password and login, and for any Orders placed via his/her Customer Account. The Customer further undertakes to ensure that the information provided as part of the registration process is accurate, complete and regularly updated via the Customer Account.


5 - ORDERS

5.1 Orders may be placed anywhere in the world. Any Order placed by a Customer residing outside French territory will be processed in accordance with these GTS, subject to the legislative provisions otherwise applicable in the country where the Customer placing the Order is domiciled.

5.2 In accordance with the provisions of article 1127-1 of the French Civil Code, to place an Order the Customer undertakes to comply with the following procedure, which consists of :

  • select your Products (by entering the desired size and quantities) ;
  • identify themselves on the Service by logging on to their Customer Account (providing identification details) or by filling in the fields on the " Contact Details " form;
  • view the order summary (displaying the detailed prices of each Product as well as the total price of the order);
  • select your delivery method ;
  • validate your details and Order by clicking on the " Continue to payment " link; and
  • proceed to payment by clicking on the " Confirm payment " link or any other link indicating that placing an order requires payment.

Provided they have not yet confirmed their payment, Customers have the option of changing their choice of Products at any time, rectifying any errors made when entering their Order and/or modifying all or part of their identification details (including billing and/or delivery address).Any confirmation of payment requires acceptance of these GTS, which the Customer undertakes to validate after having read them in full, by ticking the appropriate box.

Confirmation of the Order shall constitute formation of the contract.

The language proposed for the conclusion of the contract is the French language for Customers using the French language navigation or the English language for Customers using the English language navigation or a language other than the French language. The French navigation language is initially selected by default, provided that the Customer's browser language is not a language other than French. Alternatively, customers may voluntarily choose their browsing language using the Language menu displayed on every page of the site.

The parties agree that the illustrations or photos of the Products offered for sale have no contractual value.

5.3 Payment for the Order is made by bank card (Visa, American Express, Master Card, other bank cards) or by any other secure online payment method indicated to the Customer. 

By providing his/her bank details at the time of sale, the Customer authorizes the Company to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the sale is immediately cancelled and the order cancelled.

All Customer Orders are debited before shipment. 

5.4 An order confirmation e-mail beginning with # is sent to the Customer as soon as payment has been received and after the Company has checked that the Products are available in stock.

The Company's confirmation e-mail definitively validates the Customer's Order. However, if for any reason whatsoever the Company is unable to process an Order, it will inform the Customer by e-mail as soon as possible and proceed to reimburse the Customer, subject to the amount already having been received.

5.5 The Order confirmation e-mail that the Company sends to the Customer in accordance with article 5.4 contains a link to connect to the Customer's account in order to download, in pdf format, the version of the GCS in force at the date of validation of the Customer's Order in accordance with article 5.2. This e-mail also indicates an estimated delivery date.

Communications, Orders, Order details and invoices are archived on a reliable and durable medium so as to constitute, in the Customer's interest, a faithful and durable copy.


6 - PRICES 

The price of the Products is indicated in euros, all taxes included (including processing fees). This does not include delivery charges, which are invoiced in addition.

In all cases, the total amount due by the Customer, including shipping costs, is indicated on the Order confirmation page.

Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Company. They shall be borne by the purchaser and are his exclusive responsibility (declarations, payment to the competent authorities, etc.). The Company invites the customer to obtain information on these aspects from the relevant local authorities.

All orders are invoiced on the basis of the rates in force at the time of validation of the Customer's Order in accordance with article 5.2.

The Company reserves the right to modify its prices at any time in the future, while guaranteeing the application of the price indicated at the time of the Order. 

The Products remain the property of the Company until full payment has been received. Once the price has been paid in full, ownership of the Products passes to the Customer.


7 - DELIVERY

7.1 Products are delivered to the address provided by the Customer within the delivery time indicated in the confirmation e-mail sent by the Company, in accordance with article 5.4, upon receipt of the Customer's payment. This delivery time does not take into account the time required to prepare the Order.

For Products indicated as " pre-ordered ", the delivery time does not take into account the time it takes for the Products to reach the Company.

The Company reminds you that when the Customer takes physical possession of the Products, the risks of loss or damage to the Products are transferred to the Customer. It is therefore the Customer's responsibility to notify the carrier of any reservations regarding the Products delivered.

7.2 The following delivery methods are available to the Customer: 

  • Relay point delivery :

Delivery to a drop-off point with an average delay of 3 to 7 working days depending on the delivery destination indicated. The customer has a period of 14 (fourteen) consecutive days from the arrival of the parcel at the drop-off point to collect it. After this period, the parcel will be returned to the Company.

  • Tracked home delivery - no signature required:

For metropolitan France (including Corsica): delivery with an average delay of 2 (two) working days to 7 (seven) working days to the delivery address indicated. If the Customer is absent and the size of the parcel does not allow it to be delivered to the letterbox, a delivery notice will be left and the parcel will be made available to the Customer at the depot to which the Customer is attached. The Customer has 15 (ten) working days from the arrival of the parcel at the post office to collect it. After this period, the parcel will be returned to the Company. 

For destinations other than metropolitan France (including Corsica): delivery with an average delay of 3 (five) to 15 (fifteen) working days depending on the delivery destination indicated. If the Customer is absent and the size of the parcel does not allow it to be delivered to the letterbox, a delivery notice will be left and the parcel will be made available to the Customer at a depot to which the Customer is attached. The Customer has 15 (fifteen) working days from the arrival of the parcel at the drop-off point to collect it. After this period, it will be returned to the Company.

  • Tracked home delivery - signature required 

Tracked home delivery against signature with an average delivery time of 2 (two) to 7 (seven) working days for France, depending on the delivery destination indicated, and 3 (five) to 15 (fifteen) working days for destinations other than metropolitan France (including Corsica), depending on the delivery destination indicated. 

Packages for home delivery with tracking and signature will be delivered to the address indicated by the Customer against the signature of the addressee or that of any person employed by the addressee, living with the addressee or specially authorized by the addressee. The recipient's signature is not systematically made available to the Customer. 

Where applicable, the digitized signature of the addressee, of any person employed by the addressee or living with the addressee, or of a person specially authorized by the addressee, together with a reproduction thereof, shall constitute proof of delivery of the parcel. Refusal to sign is equivalent to refusal of the shipment.

A confidential code may also be sent to the recipient by SMS or email before the parcel is delivered. The parcel may be delivered to the address indicated against transmission of this confidential code. The matching of the codes is proof of delivery of the parcel and is equivalent to a signature. 

If the Customer is absent, a delivery notice is left and the parcel is made available to the Customer at the depot to which the Customer is attached. 

7.3 In the event of a delay in shipment, the Customer will receive an e-mail indicating a new delivery date. 

8 - TERMINATION OF THE CONTRACT

8.1 In accordance with articles L. 216-1 et seq. of the French Consumer Code, in the event that the Company fails to meet the delivery deadline indicated in the confirmation e-mail sent to the Customer in accordance with article 5.4 above, the Company undertakes to notify the Customer by e-mail as soon as possible. The Customer may, at his discretion, within 24 (twenty-four) hours of receipt of the Company's notification :

  • accept the new delivery date proposed by the Company, or
  • cancel the Order, if it has not been dispatched at the time of the Customer's notification.

If the Company has not complied within this additional period, the Customer may, subject to article 9.3, cancel the Order by registered letter with acknowledgement of receipt sent to the Company after a first formal notice, sent by registered letter with acknowledgement of receipt to the Company, requesting it to carry out delivery as soon as possible, has remained without effect.

In this case, the Order is cancelled upon receipt by the Company of the registered letter with acknowledgement of receipt notifying it of the said cancellation, unless the Order has actually been delivered by the Company on the date of receipt of the said letter.

8.2 In the event of cancellation, in accordance with this article 9, the Company is obliged to reimburse all sums paid (including delivery charges) by the Customer no later than 14 (fourteen) days following the date on which the Company receives the Customer's letter notifying it of the cancellation.

Product returns are subject to the prior agreement of the Company. Any Product returned without the Company's prior agreement will not be reimbursed.

8.3 In any event, no cancellation is possible in the event of late delivery due to an address error attributable to the Customer. 


9 - CUSTOMER COMMITMENT

9.1 The Customer declares that he/she is of legal age or, failing that, undertakes to obtain the authorization of his/her parents or guardian exercising parental authority prior to registration, the latter remaining, in any event, guarantor(s) of compliance with these GTC, which the Customer expressly declares that he/she is aware of and accepts.

9.2 The Customer undertakes to use the Products ordered from the Service for strictly personal and non-commercial purposes.

9.3 More generally, the Customer undertakes to comply with all the terms and conditions of these General Terms and Conditions and to retain, if necessary by printing them, all copies of the General Terms and Conditions sent to it by the Company in accordance with article 5.4 above.

10 - COMPLIANCE 

10.1 The Company guarantees that the goods conform to the contract. Products sold via the Service benefit from the legal guarantee of conformity provided for in articles L. 217-4 to L. 217-12 of the French Consumer Code, the guarantee relating to the safety and health of persons provided for in article L. 411-1 of the French Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the French Civil Code. 

10.2 Under the terms of these warranties, the Company undertakes, at the Customer's option, to refund or exchange any Product that is defective, has suffered deterioration prior to receipt and/or does not correspond to the Customer's Order, provided that the Customer informs the Company immediately upon receipt of the Product, by contacting Customer Service by e-mail or post at the following postal address: MEDIA LOGISTIQUE ZI des Paituotes 402 Chemin des Grandes Hyères, 88100 Sainte-Marguerite France

10.3 Legal warranty of conformity: 

The Company will exchange and/or reimburse the said Products, provided that, in the event of a non-conforming Order, the Products concerned are returned to the Company in accordance with the conditions set out in article 8.3 and, in the event of deterioration, this must be mentioned on the delivery note. The cost of returning the Products will be reimbursed by the Company to the Customer on presentation of the relevant receipt. 

When acting under the legal warranty of conformity, the Customer has a period of 2 (two) years from the date of delivery of the Product to request the Company, at its option, to repair or replace the good, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code.

The legal warranty of conformity applies independently of any commercial warranty.

10.4 Legal warranty against hidden defects: 

The customer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code, by choosing between rescission of the sale or a reduction in the sale price, in accordance with the provisions of article 1644 of the French Civil Code. 

10.5 The Company undertakes to archive all Orders (including delivery notes, invoices and the current version of these GTS) for amounts in excess of 120 euros exclusive of VAT, in accordance with current legislation, for a period of 10 (ten) years.

During this period, the Company undertakes to provide the Customer, upon request, with the invoice corresponding to the Order and the General Terms and Conditions in force at the time of the Order.

11 - INTELLECTUAL PROPERTY RIGHTS

Trademarks, domain names, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of their author. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.

12 - PERSONAL DATA

The Customer is hereby informed that the Company collects and processes personal data concerning the Customer (hereinafter referred to as the " Data ").

The legal basis for this processing is contractual. Data processing is necessary for the Company to process the Customer's order. If the Data is not supplied, the order cannot be processed.

The Data transmitted by the Customer are the following: surname, first name, postal address, e-mail address, telephone number, date of birth, payment information.

The Data provided by the Customer are processed by the Company for the following purposes:

  • order management ;
  • sale and delivery of Products ;
  • completion of the transaction; and
  • buyer relations management.

Any other use of Customer Data is subject to prior written authorization from the Customer.

The Data collected are kept for the following periods:

  • Data relating to payments made by the Customer, in particular bank details, are kept in accordance with the deliberations of the Commission Nationale de l'Informatique et des Libertés (French Data Protection Authority). (hereinafter the " CNIL ") n°2018-303 from September 6, 2018, for a period of thirteen (13) months from full payment of the said purchase, or fifteen (15) months in the case of payment by deferred debit card, in order to enable the management of any claims; and
  • the other Data collected is kept for a period of 36 (thirty-six) months from the last purchase.

The Data collected is for the exclusive use of the Company.

In accordance with the provisions of the amended law of January 6, 1978 known as " Informatique et Libertés " and the RGPD, the Customer has a right of access, rectification, portability and deletion on the Data that concerns him. He also has rights to limit and oppose processing and the right to portability of his Data. Finally, the Customer has the right to define directives concerning the conservation, deletion and communication of his Data after his death.

To exercise his rights, the Customer may send a request by post to MEDIA LOGISTIQUE Boutique Ibrahim Maalouf ZI des Paituotes 402 Chemin des Grandes Hyères, 88100 Sainte-Marguerite France, or by e-mail to supportmisteribe@medialogistique.com. This request must include the Customer's contact details and provide proof, by any means, of the Customer's identity. In the event of doubt as to the Customer's identity, the Company reserves the right to request any additional information deemed necessary, including a photocopy of an identity document bearing the Customer's signature.

If necessary, the Customer also has the right to appeal to the CNIL, 3 PLACE DE FONTENOY - TSA 80715 - 75334 PARIS CEDEX 07, the supervisory authority responsible for ensuring compliance with obligations relating to personal data.

The customer is informed that the company responsible for his personal data is MISTER IBE 27, rue de Picardie 75003 PARIS - France, registered in the Paris Trade and Companies Register under number 808 940 944, SIRET 808 940 944 00024. 

To find out more about the Company's personal data protection commitments, the Customer may consult the Company's personal data protection policy, available online at the following address: LINK TO PRIVACY POLICY

13 - FORCE MAJEURE
The Company may not be held liable if the non-performance or delay in performance of any of its obligations described in these GCS results from a case of force majeure, as defined and retained by article 1218 of the French Civil Code and the case law of French courts and tribunals. The Company will notify the Customer of the occurrence of such an event as soon as possible.

14 - APPLICABLE LAW
All clauses contained in these General Terms and Conditions of Sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law.

15 - CLAUSES
The nullity of a contractual clause does not entail the nullity of the present general terms and conditions of sale.

16 - COMPETENT JURISDICTION
The Customer may refer the matter either to one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or to the court in the place where the Customer resided at the time the GTS were concluded.
Pursuant to article L. 616-1 of the French Consumer Code, may have recourse free of charge to the Company's consumer mediator, with a view to amicably resolving the dispute, whose contact details are as follows:
FEVAD
60, rue de la Boétie
75008 PARIS
https://www.mediateurfevad.fr/
https://xrm.eudonet.com/V7/app/specif/EUDO_03047/FEVAD/Formulaire.aspx