General terms and conditions of sale

Applicable as at 01/04/2018

Last updated on: 01/04/2018

Important comments:

1. The User is requested to read these general terms and conditions before placing a pre-order or order. They will be asked to specifically accept these at the time of each pre-order or order, failing which it will not be possible to finalise the transaction.

2. If they are under 18 years old, they must obviously have the permission of a parent or guardian to place a pre-order or order and / or to proceed with payment for such.

ARTICLE 1 : Scope and identification

  1. 1. The merchant site https://collectors.michelin.com (hereafter known as "the Site") is a website accessible via the Internet, open to all users of this network (hereafter known as "the User").

  2. 2. The Site is published by the company MEDIATOON LICENSING, a 'simplified joint stock company' under French law with capital of €100 000, listed on the Paris Registre du Commerce and des Sociétés [Register of businesses and companies] under number B 504 055 294, having its registered office at 57 Rue Gaston Tessier - 75019 PARIS (France), (hereafter known as "the Company"). The Company may also be contacted by email at the following address : info@michelincollectors.com

  3. 3. These General Terms and Conditions of Sale (hereafter known as the "GTCs") are agreed between the Company and the User of the Site, an adult able to enter into a contract, or a minor under the responsibility of their legal representative.

  4. 4. The Site offers the User access to a remote sales platform (hereafter known as "the Service(s)") for "Products". "Product" means:
    - all of the goods available for sale on the Site and which the User may purchase via an order or pre-order, being, in particular, publications and derivative products connected to the world of Michelin and published by various manufacturers;

  5. 5. Management of online payment activity and the processing of pre-orders or orders is entrusted to SA MDS (hereafter known as "MDS"), a Limited Company under French law with capital of €155 000, listed on the Evry Registre du Commerce and des Sociétés under number B 344 224 761, and having its registered office at 22 Rue Robert Benoist - 91410 DOURDAN (France). In this role, MDS receives payments, and invoices Users for Products ordered on the Site

  6. 6. In accordance with legal provisions applicable under French law to intermediary agreements, MDS acts as intermediary in its own name, on behalf of the Company.

  7. 7. Products pre-ordered or ordered on the Site will be delivered to Users by the carrier chosen by the Company and in accordance with the terms and timeframes detailed in the "DELIVERY" rubric for each Product and in accordance with the procedure described under Article 8.

Information & complaints

  1. 1. The User may send any question or complaint relating to the management of their pre-order or order to the following email address: info@michelincollectors.com or by post to the postal address of the Company given in Article 1 above.

  2. 2. For any question other than those relating to the management of their pre-order or order, the User may email the following address: info@michelincollectors.com or send by post to the postal address of the Company provided in Article 1 above.

ARTICLE 3 : Purpose

  1. 1. The purpose of the GTCs is to govern the contractual relationships between the Company and the User for any transaction carried out by the User for a Product offered on the Site.

  2. 2. Any use of the Site and its Services implies full and complete acceptance of the GTCs found at the foot of each page on the Site at the time that each pre-order or order is confirmed. Confirmation by the User of their pre-order or order implies their full acceptance of the GTCs without reservation.

  3. 3. Except with the prior written agreement of the Company, no individual condition may prevail over the GTCs.
    In this regard,
    - no conflicting condition proposed by the User may be held against the Company, unless it has been accepted by the Company in advance and in writing;
    - any variation to the GTCs to which the Company may have given its prior approval will only be applicable to the sale to which it relates.

  4. 4. The Company reserves the right to be able to modify the GTCs and Product offer at any time. In this eventuality, the conditions applicable will be those prevailing on the date that the pre-order or order is confirmed by the User

  5. 5. On each occasion that the User places a pre-order or order on the Site, they will be asked to confirm their acceptance of the GTCs in place on the date that their pre-order or order is placed.

ARTICLE 4 : Pre-orders / Orders

  1. 4.1. Creation of the User Account

  2. 1. Upon using the Site, the User will be invited to create a User Account, by completing the form made available for this purpose under the heading "create an account ". To enable the User Account to be created, all of the information requested must be provided.

  3. 2. The User acknowledges that supplying any incorrect, incomplete or false information may render them liable in relation both to the Company and to third parties.
    In the event that incorrect, incomplete or false information is provided (or of failure to update such information), the Company may decide to suspend or delete the User Account, with immediate effect and without notice.

  4. 3. At the time of creating their User Account, the User selects a username and password in the relevant fields.
    The User has sole responsibility for the confidentiality and security of their User Account, for their username and password required in order to identify themselves and access their User Account and the services.
    The User must take appropriate steps to avoid third parties having knowledge of their username and password.
    Any order for which the User has been identified through a password and username in the confirmation process will be booked by the Company and will commit the User concerned unless they can demonstrate that mistaken identification is due to a failure of the Site.

  5. 4.2. Placing a pre-order or order

  6. 1. Placement via the Site of a pre-order or order by the User takes place as follows:
    - The User accesses the sections of the Site they require,
    - The User selects and adds to their basket the chosen Product(s),
    - The User acquaints themselves with the Site's GTCs,
    - The User confirms their pre-order or order,
    - The User provides the information required for delivery,
    - The User makes the payment for their pre-order or order after confirming their selection and ticking the statement "I declare that I have read and accept the Site's General Terms and Conditions of Sale",,
    - The User confirms their pre-order or order and their payment.

  7. 2. Confirmation of the pre-order or order implies acceptance of the GTCs, acknowledges being fully acquainted with them and waives any imposition of other conditions.
    Providing all the data and the recorded confirmation constitute proof of the transaction.
    Confirmation represents signature and acceptance of the transactions performed.
    Upon receipt from the User's bank of authorisation to debit the bank account, the Company will notify confirmation of the booked pre-order or order by means of an email sent to the address supplied by the User at the time of creating their User Account.
    The pre-order or order will only be fully confirmed upon receipt of this email containing all the information provided by the User and indicating, where applicable, any difficulties or reservations arising from the pre-order or order (availability of the Products ordered, delivery timeframes or selected payment method), as well as the order reference number allocated by the Company.

  8. 3. The Company reserves the right to not proceed with the User's order in the event that there is a legitimate reason linked to its confidence with regard to the User and in particular:
    a) In the event of a pre-order or order(s) exceeding, in terms of content or frequency, the needs of an individual and more generally in the event of abnormal demand or bad faith by the User;
    b) In the event of information coming from the banking institution charged by the Company with managing payment of the pre-order or order, advising that payment cannot be taken via the method given for payment for the pre-order or order;
    c) Where there is a legal dispute with the User;
    d) In the case of total or partial non-payment for a pre-order or order by the User.

  9. 4. To ensure the proper completion of this sale, the Company reserves the right to ask the User for additional information and to refuse to fulfil the pre-order or order where there is no adequate response.

  10. 5. The Company further reserves the right to not proceed with the order where there is a material error relating to the price quoted on the Site.

ARTICLE 5 : Prices

  1. 1. The prices displayed on the Site are given in Euros inclusive of all taxes (VAT and all other taxes which may be applicable) exclusive of delivery charges which will be added (See Article 7).
    All pre-orders or orders are payable in Euros, regardless of the country of origin of the pre-order or order. Deliveries will be made exclusively in the geographic areas listed on the Site.

  2. 2. In the case of a pre-order or order for a country other than France and Belgium, the User is the importer of the Product(s) in question.
    For all Products dispatched to outside the European Union, customs duty or other local taxes or import duties or State taxes may be payable on the exported Product(s). These duties and sums are not for the account of the Company. They will be payable by the User as the importer of the Products and the latter is fully responsible for such, in terms of both declaring them and of payment to the relevant authorities and/or bodies in that country

  3. 3. Prices may be altered at any time and without notice but Products will be invoiced to the User based on the amounts which are current at the time the order is confirmed, subject to the availability of the Product(s) ordered.

ARTICLE 6 : Promotional Offers

  1. 1. The Site may display to the User a promotional sales offer for the Products. This offer is made to the User when they place an order by clicking on the icon button "I confirm my order".

  2. 2. Promotional Offers on Products and prices are valid whilst they are visible on the Site, and while stocks last.

ARTICLE 7 : Payment methods

  1. 1. Payment of the price of the Product is due at the time of the pre-order or order. No dispatch of the Product(s) by the Company to the User is possible before full payment by the User of the price of the Product(s). Where requested by the User, a paper invoice will be sent.

  2. 2. However, in the event that the total amount of the pre-order or order (the Basket) is greater than €500 TTC (one thousand Euros including all taxes) and including shipping, the User will be able to pay for their order in 3 tranches without additional cost to the User, by ticking the relevant box provided.

  3. 3. Where payment in 3 tranches is selected by the User, the total price including all taxes and shipping which make up the pre-order or order (the Basket), is divided by 3; upon confirmation of the pre-order / order, the User is debited for the first third of this amount. Exactly 30 days later, the second third is taken from the User's bank card. Then, 30 days later, the last third due is taken.

  4. 4. In the case of payment in 3 tranches without charge, the relevant Product(s) is /are dispatched on the date the User confirms their pre-order/order and the first third of the price of the Product(s) has been taken.

  5. 5. Payment will be made:
    - either by bank card using secure payment: Visa, Mastercard; the Site uses the SSL encryption system for secure online payment;
    - or, by cheque or transfer, on an exceptional basis and only after having obtained agreement by email from the manager of the Site via info@michelincollectors.com.
    - or by PayPal

ARTICLE 8 : Contribution to delivery costs

  1. 1. Every pre-order or order, except where there is a specific promotional offer, involves the User contributing to delivery costs. These charges are specific to the area in which the delivery address for the pre-order or order is located, as well as the weight of the package being sent.

  2. 2. The amount of contribution to these costs is given in the Basket, in the order summary, clearly shown against the price of the pre-order or order and on the invoice. They are therefore provided before confirmation and payment for the pre-order or order by the User.

  3. 3. The User acknowledges that they are fully aware of their contributions to the delivery costs which are added to the prices of Products pre-ordered or ordered.

ARTICLE 9 : Delivery

  1. 1. The Products re delivered to the delivery address entered by the User during the pre-order or order process. Deliveries are made exclusively to the geographic areas listed on the Site.

  2. 2. Products which are the subject of a pre-order by the User will be delivered following the official release date for the pre-ordered Products and as soon as the Products are available in the Company's stocks. An email confirmation of the dispatch of the Products concerned is sent to the User at the email address given at the time the pre-order is placed.

  3. 3. The delivery charges are specified to the User at the time they confirm their Basket, based on the weight of the order and the region for the delivery.

  4. 4. The delivery timescale given on the Site is the time generally taken from the warehouse. It is expressed in working days. This delivery time, however, cannot be guaranteed in the event of force majeure, or strikes by transport and /or postal services.

  5. 5. Where the User pre-orders or orders several Products at the same time and these have different delivery dates, the delivery date for the pre-order or order is based on the furthest date.

  6. 6. Delivery will be made by the carrier chosen by the Company. However, the "DELIVERY" section of the description sheet for each Product will provide as a minimum the following information:
    - The identity of the carrier;
    - The delivery terms;
    - The delivery timescale.

  7. 7. In the event of a delivery delay, the User will be advised thereof by email. In this event, and provided that the Products have not been dispatched, the User may cancel their order and request a refund on the Product in accordance with the provisions set out in Article 13.

  8. 8. If the Products have been dispatched and not received, the User may cancel their pre-order or order and request a refund on the Product in accordance with the provisions set out in Article 13.

  9. 9. If the Products have been received, the User may cancel their pre-order or order within the timeframe allowed under the right of withdrawal and request a refund on the Product in accordance with the provisions regarding the right of withdrawal set out in Article 11.

  10. 10. In the event of a fault or non-conformity in the Product delivered, the User will have a period of 5 days from receipt of the Product to inform the Company thereof at the following email address: info@michelincollectors.com.

ARTICLE 10 : Availability

  1. 1. The availability date given in the description sheet for Products that Users may purchase on the Site via a pre-order is provided as an indication. In the event that the release date of the said Products is postponed, Users will be notified by an email to the address supplied at the time of the pre-order.

  2. 2. Product offers and prices are valid while they are visible on the Site, while stocks last.

  3. 3. In the event that Products become unavailable after placement of a pre-order or order, the User will be informed of this by email. The User will then have the option of cancelling their pre-order or order and being reimbursed in accordance with the provisions set out in Article 13, or to wait for the delivery of the Products pre-ordered / ordered.

  4. 4. In the event that Products which are the subject of a pre-order are in the end not released, Users will be informed of this by email, to the address supplied at the time of the pre-order. Les Users will then be able to cancel the pre-order and be reimbursed in accordance with the provisions set out in Article 13.

ARTICLE 11 : Timescale and effects of the right to withdrawal

  1. I. Principles

  2. 1. In accordance with Law no. 2014-344 on consumer matters, dated 17 March 2014, the User has the right to notify MDS that they are cancelling the purchase, without penalty and without giving a reason, within 14 days of the day following the day the Product was delivered.
    Products which have been used, damaged or are incomplete will not be taken back.
    ÀIn this regard, the User only has this right in the event that the conditions set out below are all applicable at the same time:
    a) The right to withdrawal must be exercised within a period of fourteen (14) working days from the day following receipt by the User of the Products pre-ordered or ordered.
    b) The right to withdrawal must be exercised within a period of fourteen (14) working days from the day following receipt by the User of the Products pre-ordered or ordered.

  3. 2. In order to exercise the right of withdrawal, the User must within the timeframe given above inform the Company by sending an email to the following address: info@michelincollectors.com or by tracked and signed post to the following postal address:
    Boutique Michelin Collectors / Mediatoon Licensing - 57 Rue Gaston Tessier - 75019 PARIS, France
    - either the completed and signed withdrawal form, which can be downloaded from this link
    - or a completely unambiguous declaration, including the order reference number and the User reference number.

  4. 3. The Products returned must be accompanied by the original delivery slip.

  5. 4. The Products returned must be addressed to the following address (whether the User resides in Belgium or France, or elsewhere in the world):
    Boutique Michelin Collectors / Mediatoon Licensing - 57 Rue Gaston Tessier - 75019 PARIS, France

  6. II. Effects of the right of withdrawal

  7. 1. In the event that the right of withdrawal is exercised within the timeframe set out above, the User will be reimbursed for all payments they have made and without excessive delay, and in any case, within no more than a period of 14 days following the day that MDS is informed of the User's decision to withdraw from all or part of their order.

  8. 2. However, the direct costs of returning the Product(s), in its/their original packaging, are payable by the User.

  9. 3. The refund will be made using the same payment method as that used by the User for the initial transaction. There will be no charge to the User for this refund.

  10. 4. The refund may be deferred until receipt of the Product(s) or until the User has provided proof of dispatch of the Product(s). The date to be used will be the earlier of these.

  11. III. No right of withdrawal

  12. The right of withdrawal cannot be exercised for DVDs, CDs, CD-ROMs which have been unsealed by the User.

ARTICLE 12 : Product guarantees

  1. The User has the benefit of legal guarantee provisions, particularly those relating to the guarantee against latent defects.

ARTICLE 13 : Liability

  1. 1. The Company will not be liable in the event that Products pre-ordered or ordered are unavailable, where the release date of the Products which are the subject of a pre-order is delayed or in the event that Products which are the subject of a pre-order are in the end not released.

  2. 2. The User acknowledges that they are aware of the constraints and limitations of the Internet network. This being the case, the Company can in no event be held responsible for the speed of accessing the Site from other sites, external slow-downs, the suspension of, or lack of access to, services linked to from the Site, the fraudulent use by third parties of any information made available on the Site.

  3. 3. The publications offered for sale comply with prevailing French legislation. The Company would not have liability in the event of non-compliance with legislation in the destination country. It is your responsibility to check with local authorities that the Products you are intending to order may be imported and / or used.

  4. 4. The data and information provided on the Site have been taken from information provided by publishers and suppliers. Display photos of publications on the Site are illustrative only. Refer to the Product characteristics provided on the Site, these being the only ones for which the Company is responsible.

  5. 5. In accordance with prevailing regulations, the Company is not liable in the event that non-fulfilment of the order can be imputed to the User, to the unforeseeable and insurmountable action of a third party, or in a case of force majeure.

ARTICLE 14 : Refunds

  1. 1. In addition to reimbursement referred to in Article 11 above, in the context of the right to withdrawal, the User may request the cancellation of their pre-order or order and reimbursement for the Product(s) pre-ordered or ordered only in the following cases:
    a) In the case of a delay in delivery (see article 9.5);
    b) If the Products have been dispatched but not received (see Article 9.6);
    c) If the Product(s) ordered is/are unavailable (see Article 10)

  2. 2. Reimbursement to the User of all payments made in the eventualities referred to above will be made within a period of 14 days of receipt of a request by email to the address info@michelincollectors.com or by tracked and signed-for post to the following postal address: Boutique Michelin Collectors / Mediatoon Licensing - 57 rue Gaston Tessier - 75019 PARIS, France.

  3. 3. The refund will be made using the same payment method as that used by the User for the initial transaction. There will be no charge to the User for this refund.

ARTICLE 15 : Personal data and cookies

  1. 15.1 Personal data

  2. All provisions relating to personal data are shown in the Chart on the protection of personal data.

  3. 15.2 Cookies

  4. The Site has recourse to the use of cookies. A cookie is a computer file, stored on the hard disk of the User's computer. Its aim is to signal a previous visit to the Site by the User. Cookies are, amongst other things, used by the Company in order to personalise the service offered to the User.

  5. The User retains the option to refuse cookies by configuring their Internet browser. They then lose the possibility of personalising the service provided to them by the Company via the Site.

  6. 15.3. Web beacons

  7. 1.Some web pages on the Site may sometimes contain digital images or "web beacons", which allow the number of visitors to the page to be counted.

  8. 2. These web beacons may be used with some of our partners, particularly in order to measure and improve the effectiveness of certain advertising.

  9. 3. The information obtained through these beacons simply enables the collection of statistics on visitor numbers to some of the Site's pages, which is done in order to provide a better service to Users of our Site.

ARTICLE 16 : The information obtained through these beacons simply enables the collection of statistics on visitor numbers to some of the Site's pages, which is done in order to provide a better service to Users of our Site.

  1. 1. Rights associated with elements of the Service:

  2. All text, commentary, works, illustrations, creations and images reproduced or represented on the Service are strictly protected by copyright as well as intellectual property rights, for the full duration of the protection of these rights and throughout the world. In this regard and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorised, and then only unless there are different, even more restrictive, provisions in the intellectual property code.

  3. All reproduction, representation, modification or total or partial adaptation of the Service and/or all or part of elements which are on the Service or incorporated within it is strictly prohibited.

  4. Users undertake to make every effort to advise MEDIATOON LICENSING of any violation of intellectual property rights which they may notice.

  5. 2. Rights associated with the Products:

  6. The authors are the sole holders of all intellectual property rights attached to the Products.

  7. Acquisition by the User of ownership of a Product does not entail its author relinquishing to the User the associated proprietary rights, being representation and reproduction rights to the Product, in accordance with the provisions of Article L 122-7 of the Intellectual Property Code. Consequently, reproduction and / or representation rights for the Product will continue to be exercised by its author, its publisher or such other person who is entitled, or any assignee or agent authorised by the author, to their sole advantage and for the entire period of protection accorded to creative works by the Intellectual Property Code.

ARTICLE 17 : Jurisdiction - disputes

  1. French law applies. The language of this contract is the French language. In the event of a dispute, competence resides with French courts.