The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential consumer of the conditions and terms and conditions under which the seller carries out the sale and delivery of the products ordered and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the seller to the consumer. They apply, without restriction or reservations, to all sales by the company METAL BOXE & ATTITUDE FIGHT of the products offered on its website "www.metalboxe.com".
Consequently, the fact that any person orders a product offered for sale on the METAL BOXE & ATTITUDE FIGHT website implies full and complete acceptance of these general terms and conditions of sale, which the buyer acknowledges having read prior to placing an order. Any condition that does not comply with these general terms and conditions that the buyer has formulated will be rejected, unless METAL BOXE & ATTITUDE FIGHT has expressly and in writing recognised their applicability. The products are offered for sale on the Internet without territorial limitation.
The buyer, prior to his order, declares that he has full legal capacity, allowing him to commit himself under these general conditions of sale. The company METAL BOXE & ATTITUDE FIGHT reserves the right to modify the present general terms and conditions of sale at any time, subject to these modifications appearing on its website.
1. Legal information on the company METAL BOXE & ATTITUDE FIGHT
METAL BOX & ATTITUDE FIGHT with a capital of 201,000 euros. Address: 5, rue Ferdinand Lassalle, 31200 TOULOUSE, France. Identification number: 478 071 079 RCS Toulouse, VAT number: FR 58478071079, SIRET: 47807107900055 NAF 4649Z.
Tel : +33 (5) 61 21 63 17
Director of publication : Jean Jacques CORDOMI
2. Access to the site and customer service
The buyer is personally responsible for the installation of the computer and telecommunications means allowing access to the "Metal Boxe" site and to the customer service. The buyer is responsible for the telecommunication costs when accessing the internet and using the site.
3. Customer service
For any information or question, our customer service is at your disposal every day without interruption from Monday to Thursday from 9am to 5pm and Friday from 9am to 1pm - Tel : +33 5 61 21 63 17 or by email : firstname.lastname@example.org
4. Orders on the Internet: www.metalboxe.com
The contractual information is presented in French and will be the subject of a confirmation containing this contractual information at the latest at the time of delivery. METAL BOXE & ATTITUDE FIGHT reserves the right to cancel or refuse any order from a client with whom there is a dispute over payment of a previous order. The buyer's order must be confirmed by METAL BOXE & ATTITUDE FIGHT, by post or e-mail. The sale will only be considered final after METAL BOXE & ATTITUDE FIGHT has sent confirmation of the order to the buyer and has collected the full price. METAL BOXE & ATTITUDE FIGHT recommends that the buyer keeps this information on a paper or computerised document.
5. Choice of products
The buyer, having taken note of the products and their characteristics, marketed by METAL BOXE & ATTITUDE FIGHT, has under his sole responsibility and according to his needs as determined before any order, made his choice on the product(s) that are the subject of his order. Moreover, the buyer, who alone knows the hardware, software, configurations and other products he uses, is the sole judge of the compatibility of the products ordered with those used by him. METAL BOXE & ATTITUDE FIGHT provides the buyer with assistance in the choice of products:
- a customer service by telephone,
- a size guide that can be downloaded in each article sheet,
- a help service by e-mail, as mentioned in article 2 of these General Terms and Conditions of Sale. It is exclusively up to the buyer, if he does not consider himself sufficiently competent, to be assisted by an adviser.
6. Product compliance
In the event of delivery of a product that does not correspond to the order (non-compliant), the buyer must formulate his complaint by e-mail to the address email@example.com, within fifteen days from the invoice date. METAL BOXE & ATTITUDE FIGHT undertakes to reimburse or exchange the products that do not correspond to the buyer's order. In this case, METAL BOXE & ATTITUDE FIGHT thanks the buyer to state this in detail in writing and to return the product(s), after written acceptance by METAL BOXE & ATTITUDE FIGHT and will proceed to the exchange or refund of the product(s). The return costs will be refunded. In any case, the buyer will benefit from the provisions of the legal guarantee, in particular those relating to the guarantee against hidden defects. At the end of this period of fifteen days, the products delivered will be deemed to conform to the order and accepted by the buyer.
7. Availability of the products
In accordance with article L 111-1 of the French Consumer Code, the buyer may, prior to placing an order, consult the essential characteristics of the product(s) he wishes to order on the www.metalboxe.com website. The buyer selects one or more products from the different categories offered on the METAL BOX & ATTITUDE FIGHT website. The offers presented by METAL BOXE & ATTITUDE FIGHT are valid while stocks last. METAL BOXE & ATTITUDE FIGHT reserves the right to modify the range of products according to the constraints of its suppliers. In the event of unavailability of the product ordered, METAL BOXE & ATTITUDE FIGHT will inform the buyer as soon as possible. In accordance with the provisions of article L121.20.3 of the Consumer Code, METAL BOXE & ATTITUDE FIGHT may in this case supply a product of equivalent quality and price. If METAL BOXE & ATTITUDE FIGHT fails to make use of this option, the buyer will be reimbursed without delay and at the latest within 30 days of payment of the sums paid.
The prices of the products on the www.metalboxe.com website are indicated in Euros, all taxes included, excluding participation in processing and shipping costs. In the event of an order to a country other than metropolitan France, the buyer is the importer of the product(s) concerned. For all products shipped outside the European Union, the price will be automatically calculated net of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of METAL BOXE & ATTITUDE FIGHT. They will be charged to the buyer and are the sole responsibility, both in terms of declarations and payments, of the authorities and/or competent bodies of the country of dispatch. The buyer must obtain information on these aspects from his local authorities before placing any order on the www.metalboxe.com website. All orders, whatever their origin, are payable in Euros. METAL BOXE & ATTITUDE FIGHT reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the rates in force at the time the orders are recorded.
The buyer declares having read and accepted the present General Terms and Conditions of Sale before placing his order. The validation of his order is therefore tantamount to acceptance of these General Terms and Conditions of Sale. From the moment the buyer has registered his order by clicking on the "Order with payment obligation" icon, he is considered to have accepted knowingly and without reservation these General Terms and Conditions of Sale, the prices, volumes and quantities of the products offered for sale and ordered. Unless proven otherwise, the data recorded by METAL BOXE & ATTITUDE FIGHT constitutes proof of all transactions between METAL BOXE & ATTITUDE FIGHT and its clients.
Payment of the full price is due immediately on the date of the order. At no time can the sums paid be considered as a deposit or advance payment. METAL BOXE & ATTITUDE FIGHT will collect the total amount of the order when the order is dispatched, unless otherwise specified on the article page. All orders are payable in Euros. To pay for his order, the buyer has all the means of payment mentioned in the order form: E-Transaction (credit card, Mastercard, Visa, E-Carte Bleue, Paylib) or PayPal. The buyer guarantees to METAL BOXE & ATTITUDE FIGHT that he has the authorisations that may be necessary to use the payment method he has chosen when registering the order form. METAL BOXE & ATTITUDE FIGHT reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of execution, in the event of non-payment of any sum due by the buyer, or in the event of a payment incident.
The E-Transaction site of Crédit Agricole, a partner of METAL BOXE & ATTITUDE FIGHT, is subject to a security system. It has adopted the SSL encryption process, and all scrambling and encryption processes have also been reinforced to protect all sensitive data related to means of payment as effectively as possible.
12. Reservation of ownership
The products remain the full and entire property of METAL BOXE & ATTITUDE FIGHT until full payment of the price, in principal, costs and taxes included.
13. Delivery and reception
Unless otherwise stipulated, delivery is made to the address that the buyer indicated when ordering. In the event of partial availability of items, METAL BOXE & ATTITUDE FIGHT may split orders. METAL BOXE & ATTITUDE FIGHT offers its customers the possibility of delivery by carrier with appointment booking. Bulky items can only be delivered by carrier with an appointment at the customer's discretion. Failure to comply with the procedures set out below will result in no claim by the Buyer being accepted.
Characteristics of the Colissimo from La POSTE system
The buyer is delivered to his home by his postman. In case of absence, the buyer or the recipient of the ordered product receives a delivery notice from his postman, which allows him to collect the ordered products, at the nearest post office, for a period of fifteen days. The buyer is required to check, in the presence of the post office clerk or delivery person, the packaging of the goods and its contents on delivery. In the event that the buyer has any doubt whatsoever about the contents of his package, he is obliged to do so in the presence of the postman or deliveryman:
- to apply the Colissimo procedure (in particular to report the damage due, all claims and reservations) and to refuse the goods by immediately issuing a report of anomaly to the Post Office employee (report 170).
- to report these incidents to METAL BOXE & ATTITUDE FIGHT.
Characteristics of delivery by carrier with appointment booking
The carrier contacts the customer and makes an appointment with him/her. The buyer is required to check the condition of the parcel and the number of parcels delivered in the presence of the delivery person. In case of doubt, he is obliged to refuse the package and to report these incidents to METAL BOXE & ATTITUDE FIGHT.
The average times from the METAL BOX & ATTITUDE FIGHT depot are as follows:
- By courier with appointment: 2-5 days.
These deadlines are given for information only. Any overrun will not give rise to damages, withholding or cancellation of the order by the buyer. In the event of non-delivery at the end of this period, the buyer will have the possibility of cancelling his order. The sums paid by the buyer will then be returned to him without delay, to the exclusion of any other compensation. In the event of late delivery in relation to the date initially set, the buyer must notify METAL BOXE & ATTITUDE FIGHT in writing (by e-mail) in order to improve the quality of service that may be offered and to enable METAL BOXE & ATTITUDE FIGHT to make an enquiry with the carrier. An enquiry with the carrier may last up to 21 working days. If during this period, the product is found, it will be immediately re-routed to the delivery place indicated in the order form. On the other hand, if the product ordered is not found at the end of this 21-day investigation period, METAL BOXE & ATTITUDE FIGHT will proceed, at its own expense, with a new shipment of the products ordered by the buyer. In the event that the product ordered is then no longer available, the provisions set out in article 7 shall be applied. In case of a new shipment of product, the delivery costs will be charged to the consumer.
14. Hidden defects guarantee and liability
In the event that the products that METAL BOXE & ATTITUDE FIGHT has delivered have a hidden defect, METAL BOXE & ATTITUDE FIGHT may, at its discretion, eliminate this defect where METAL BOXE & ATTITUDE FIGHT is unable to do so, or if METAL BOXE & ATTITUDE FIGHT is unable to do so within the time limit due to elements beyond its control, the buyer may, at his option, return the goods against reimbursement of the price and return costs, or ask for a reduction in the sale price. The products on offer comply with current French legislation.
METAL BOXE & ATTITUDE FIGHT declines all responsibility in the event that the product delivered does not comply with the legislation of the country of delivery (censorship, prohibition of an author or book). Likewise, it cannot be held responsible for the content of sites to which hypertext links may refer from its site. METAL BOXE & ATTITUDE FIGHT undertakes to take all the care customary in the profession for the implementation of the service offered to the client. Nevertheless, it shall not be held liable in the event of a breach of its contractual obligations due to a fortuitous event or a case of force majeure such as, and without limitation, natural disasters, strikes, fire, floods, failure or breakdown of equipment, means of transport, communication or due to the buyer's actions.
15. Right of withdrawal
In accordance with article L121-21 of the French Consumer Code, you have a period of 14 days from receipt of your order to exercise your right of withdrawal.
In accordance with article L.121-21-8 of the Consumer Code, the right of retraction cannot be exercised for orders relating to the products listed below:
- Products unsealed after delivery and which cannot be returned for reasons of hygiene (for example, but not limited to, underwear, shells and shell holders, mouth guards, helmets).
- Products made according to consumer specifications or clearly personalised (specific embroidery on kimonos, belts or other products)
In the event of exercising the right of retraction, the products must be returned properly protected, in their original packaging, in perfect condition for resale (undamaged, damaged or soiled by the customer), accompanied by the return agreement.
The exercise of the right of retraction gives rise to a refund of the sums paid at the time of the order, excluding delivery costs, as soon as possible and no later than 14 days from the date of receipt of the products by our after-sales service. Reimbursement will be made according to the means of payment used for the online purchase. You will be responsible for the cost of returning your order.
Make sure you keep proof of dispatch of your return, i.e. a written statement from a transport or postal service provider indicating the sender and the recipient of your return, and justifying the actual dispatch of the goods. In the event of non-receipt of your return by our warehouses, we may be required to ask you for proof of dispatch.
16. Exchange or refund
You may return your items to us within 30 days of receipt of your order. Returns may only be made by postal service operators. All returned items will be checked. They must be unused, new, with the label and in their original packaging in order to be re-sold on our site.
Hygiene products and underwear (shells and shell holders, tooth protectors, etc.), products on sale, products personalised at the buyer's request are neither taken back nor exchanged. The same applies to items that have been offered to you or bonus products. If you choose to return such an item to us, you will not receive any financial or material compensation from us.
You must imperatively enclose the return agreement with your parcel, preferably accompanied by your invoice and mention your order number. This number is visible in your customer account, in the "History and details of my orders" section and in the subject of the order confirmation email. Any return that does not comply with the above-mentioned conditions may be refused by our services. The cost of returning your order will be at your expense.
METAL BOX & ATTITUDE FIGHT offers you 2 possibilities in case of return:
- Exchange of products (subject to availability of the size and model requested)
- Refund (METAL BOX & ATTITUDE FIGHT will refund you the amount paid, using the same payment method you used when you made the purchase)
The return address is as follows:
METAL BOXE & ATTITUDE FIGHT
Service Après Ventes
5 Rue Ferdinand Lassalle
31200 TOULOUSE FRANCE
17. Intellectual Property
All the texts, comments, works, illustrations and images reproduced on the Metal Boxe site are reserved under the copyright as well as the intellectual property and for the whole world. For this reason and in accordance with the provisions of the Code of the Intellectual Property, only the use for a private use subject to different provisions even more restrictive of the code of the intellectual property. Any total or partial reproduction of the Metal Boxe site is strictly forbidden.
18. Partial invalidity
If one or more stipulations of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
19. Applicable law and competent jurisdiction
This contract is subject to French law. The language of this contract is the French language. In the event of a dispute, only the Commercial Court of Toulouse will be competent.
20. Protection of personal data
The information collected by METAL BOXE & ATTITUDE FIGHT when the buyer places an order is necessary for the management of his order by METAL BOXE & ATTITUDE FIGHT and its commercial partners. In accordance with the French Data Protection Act n°78-17 of 6 January 1978, the buyer has the right to access, rectify, oppose and delete data concerning him/her at METAL BOXE & ATTITUDE FIGHT.
We may retrieve the following information through the use of Presta Shop, Google Analytics, Criteo and Zendesk :
- any content present on our site, which includes your Metal Boxe account, subscription to newsletters, order forms or your requests for information addressed to our advisers ;
- information about your computer such as its IP address, operating system or browser used;
Through METAL BOXE & ATTITUDE FIGHT, the buyer may be informed of offers from METAL BOXE & ATTITUDE FIGHT. If the buyer does not wish to receive these offers, he can inform METAL BOXE & ATTITUDE FIGHT by mail to METAL BOXE & ATTITUDE FIGHT, 5 Rue Ferdinand Lassalle, 31200 TOULOUSE, or by email to firstname.lastname@example.org.
If you do not authorise us to collect your personal information, we may not be able to provide you with certain services, and some of them may not be able to take into account your interests and preferences. If you have any questions about the specific personal information that we process and hold, and your rights regarding that personal information, please contact us.
The www.metalboxe.com website is hosted by the company G-Softs.
RCS 411 075 880
Code APE 6202A
VAT number: FR13411075880
Head office : 9A Boulevards de Strasbourg - 83000 TOULON - France
Intellectual property: all content and photographs on the www.metalboxe.com website are subject to articles L.111-1 and L.123-1 of the intellectual property code and are the exclusive property of the company Attitude Fight. No use for commercial purposes may be made without the prior agreement of the company METAL BOXE & ATTITUDE FIGHT.
By subscribing to the Metal Boxe Newsletter, you will be informed by e-mail of all the news and promotions in progress on the www.metalboxe.com website. You can unsubscribe at any time either by clicking on the link present in all Metal Boxe e-mails or by sending an e-mail to email@example.com specifying that you wish to unsubscribe.