These General Terms and Conditions of Use and Sale (hereinafter the “GTCUS”) define the legal framework governing the sale of products and the use of services offered by MC7 and accessible via the web platform “MC7LEGACY.COM”, designed, developed, and operated by MC7 (hereinafter the “Website”).
These GTCUS also define the legal framework of the relationship established between MC7, on the one hand, and any user of the services offered by MC7, on the other hand (hereinafter referred to as the “Users”). MC7 and the Users are hereinafter jointly referred to as the “Parties” and individually as a “Party”.
By using the Website and its Services, the User unreservedly accepts these GTCUS. The User therefore declares and acknowledges having read them. Where acceptance is required, failure to accept the GTCUS shall prevent the User from accessing all or part of the Services.
The Website is published by MC7. It is hosted by Pulseheberg, a simplified joint-stock company (SAS) registered with the Trade and Companies Register of Toulon under number 824 070 619, whose registered office is located at 9 Boulevard de Strasbourg, 83000 Toulon, France (VAT No. FR29 824070619) – contact@pulseheberg.com.
Ms Marie Clergeot is the Director of Publication of the Website.
MC7 may be contacted at the address indicated above or by email at info@mc7legacy.com.
ARTICLE 1 – DEFINITIONS
ARTICLE 2 – ACCEPTANCE AND AMENDMENT OF THE GENERAL TERMS
Use of the Website and Services necessarily implies the User’s full and unreserved acceptance of the GTCUS in force at the time of access and/or use.
Acceptance of these GTCUS is a prerequisite and an essential condition for creating an Account and placing any Order.
The User shall be expressly required, when creating an Account and when validating an Order, to acknowledge having read and accepted the GTCUS by ticking the corresponding box. Such acceptance constitutes an electronic signature within the meaning of Article 1367 of the French Civil Code and expresses the Client’s consent to be bound by all provisions herein.
These GTCUS constitute the entire agreement between the User and MC7 and supersede any prior agreements, whether written or oral, relating to the same subject matter.
They apply to all Orders placed on the Website and remain in force for the entire duration of use of the Website. MC7 reserves the right to amend them and shall inform Users by email or through a dedicated section of the Website. If the User does not accept the amendments, they may cease using the Website. The amended GTCUS shall apply upon the next use of the Website and/or Services.
ARTICLE 3 – ACCESS CONDITIONS
The Website and Services are accessible to any User with internet access. All costs related to access remain solely the responsibility of the User.
The Website and Services are not accessible to minors or persons under legal protection. MC7 may request proof of identity, age, and legal capacity.
By using the Website, the User expressly acknowledges
MC7 reserves the right to suspend or terminate access for failure to comply with these conditions.
ARTICLE 4 – DESCRIPTION OF SERVICES AND PRODUCTS
MC7 offers online sales of customized Products, including t-shirts incorporating a QR Code. The QR Code provides access, via a hyperlink supplied by the Client, to content hosted on a third-party platform chosen by the Client.
These Products are customized goods within the meaning of Article L221-28, 3° of the French Consumer Code.
Access to the Website is free. Certain features require the creation of an Account.
The use of the Site allows the User, and where applicable the Client, to access in particular the following Services:
MC7 may modify, add, or remove Services at any time without notice.
ARTICLE 5 – ACCOUNT CREATION
5.1 Account creation requires the provision of personal identifiers. Credentials are confidential and personal. The User is solely responsible for their use and security.
The User will receive an email at the address provided, in order to validate their email address and access to their Account. The Login Credentials chosen by the User are intended to restrict access to the User, and to protect the integrity and availability of the Website as well as the confidentiality of the User's data.
5.2 The Login Credentials are personal and confidential, and may only be changed at the User's request. The User must keep the Login Credentials chosen confidential and must not disclose them in any form whatsoever.
The User guarantees that they will protect the information relating to their Account and will be fully responsible for any use of their Account, whether by themselves or by a third party. They must ensure that their Login Credentials are not used, or likely to be used, by third parties.
In the event of loss of a Login Credential, the User shall inform MC7 and use the Login Credential recovery procedure implemented by MC7.
5.3MC7 may request additional information to verify identity. Failure to provide such information may prevent access to Services.
5.4 The User undertakes to provide personal information that is accurate and true, and to update it systematically via their Account, in order to ensure its relevance and accuracy throughout the use of the Site. The User undertakes not to create or use, under their own identity or that of a third party, any Accounts other than the one initially created.
MC7 disclaims all liability in the event of loss or improper use of this information.
5.5 The User may request Account deletion at any time.
ARTICLE 6 – ORDERS
Orders are placed via the Account, confirmed after acceptance of the GTCUS and payment.
To confirm their order in a firm and definitive manner, the user must choose their delivery method and confirm the order summary accessible in their account, after having accepted these T&Cs by checking the box provided for this purpose, then proceed with payment of the order in accordance with Article 5 hereof.
Once the order has been validated and confirmed by the client, an email acknowledging receipt of the order is sent to the client by MC7. The contract will be validly concluded between MC7 and the client and will bind them irrevocably.
The client's order irrevocably expresses their full and complete consent.
Each order is firm and final. No order cancellation, product return, or exchange will be accepted, and none will give rise to a refund.
MC7 strives to guarantee the client optimal availability in producing the desired product. Product offers are valid subject to technical or aesthetic constraints.
In the event that a product proves unavailable after the Client has placed the order, MC7 will inform the Client by email as soon as possible. The client will therefore have the choice between delivery of a product of equivalent quality and/or price to the one initially ordered or, failing that, cancellation of the order.
MC7 may cancel Orders in case of prior payment disputes.
ARTICLE 7 – FINANCIAL CONDITIONS
Products are sold at the prices listed on the Site. Various costs incurred in the execution of orders, such as delivery fees, are not directly included in the price.
The prices offered, in effect at the time the Client places the Order, are firm and are expressed in euros, all taxes included.
Payment is made at the time the Order is placed, via the following payment methods:
MC7 is in no way a banking institution, and all payment intermediary services, collection on behalf of third parties, and electronic wallet creation and management services are provided by the service provider companies.
MC7 therefore invites Clients to review its general terms and conditions of sale and to verify that the services are suited to their needs. Transactions carried out through it are secured using an SSL encryption process, in order to reinforce the various scrambling and encryption methods and optimize the protection of all Personal Data associated with this payment method.
Bank details are communicated directly to the secure payment provider. MC7 never has access to confidential information relating to the means of payment.
Any decision to grant a discount, reduction, or apply tiered pricing, whether as a percentage or a flat rate, remains at the sole discretion of MC7. Any discounts or rebates granted to the Client shall in no case give rise to a vested right for subsequent Orders.
MC7 reserves the right to suspend or cancel the execution and/or delivery of any Order, regardless of its nature or level of completion, in the event of non-payment or partial payment of any sum owed by the Client to MC7, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site and the payment of an Order.
Any payment obligation arising from a Product ordered by the Client, or in progress, prior to the termination of their Account, must be settled by the Client as soon as possible following such termination.
ARTICLE 8 – RIGHT OF WITHDRAWAL
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to customized Products.
In application of these legal provisions, the User acknowledges that the legal right of withdrawal does not apply to the sale of personalized Products offered by MC7 on the Site, and in particular to t-shirts personalized with text, image, or QR code.
By placing an Order, the Client expressly waives the 14-day withdrawal right.
ARTICLE 9 – DELIVERY
The Products offered on the Site may be delivered throughout Europe, including mainland France and overseas territories, according to the following timeframes:
Any information relating to the costs and/or methods of delivery of the Products is accessible directly on the Order summary. The Client is informed that MC7 uses independent carrier service providers for the delivery of Products.
All costs relating to taxes and customs duties in effect in the country of destination shall be borne by the Client.
The Client is informed by email of the shipment of their Order. If the Client does not receive the ordered Products within the indicated timeframe, they may contact MC7 by email at info@mc7legacy.com to request the reshipment of the Order.
MC7 undertakes to provide the Client with all documents necessary for the transport of the Products following delivery, including in particular documents required for customs clearance where applicable.
The Client must ensure that the information provided and mentioned in the confirmation email is correct, and remains so until full receipt of the ordered Product(s).
The Client therefore undertakes to inform MC7 of any change in billing and/or delivery details that may occur between the Order and delivery, by sending an email without delay to info@mc7legacy.com. Failing this, in the event of delay, failure, and/or delivery error, the Client shall in no case hold MC7 liable.
Furthermore, it is the Client's direct responsibility to check, upon delivery, that the Products are in perfect condition, in accordance with the legal warranties referred to in Article 10 hereof. Failing this, the Client must directly state their express and precise/detailed reservations on the carrier's delivery slip in the carrier's presence, and confirm such reservations by registered letter with acknowledgment of receipt within three (3) days following delivery, in accordance with Article L 133-3 of the French Commercial Code, the date shown on the transport document being deemed authoritative.
MC7 shall not be liable for any damage to the Products. Only the delivery service provider shall be liable under the insurance policies taken out.
The risks of loss or deterioration of the Products, as well as all risks relating to their existence or use, are transferred to the Client from the time of delivery, as validated by the Client's signature on the delivery note.
In the event that the Client has the Products collected or collects the Products by their own means, transfer of ownership occurs upon collection of the Products, validated by the signature of the delivery note by the carrier's representative. Accordingly, the risks of loss or deterioration of the Products, as well as all risks relating to their existence or use, are transferred to the Client from the time of such collection by the Client.
ARTICLE 10 – LEGAL WARRANTIES
The Products supplied by MC7 benefit from:
The Client is informed of the provisions relating to the following legal warranties:
Article 1603 of the French Civil Code: "The seller has two main obligations: to deliver and to guarantee the thing sold."
Article 1641 of the French Civil Code: "The seller is bound by the warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have paid a lower price for it, had he known of them."
Article 1648, first paragraph, of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect."
Article L217-16 of the French Consumer Code: "Where the buyer requests the seller, during the term of the commercial warranty granted upon the acquisition or repair of movable property, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining warranty period. This period runs from the date of the buyer's request for service, or from the date the item in question is made available for repair, if such availability is later than the request for service."
If a Client believes they have received a Product they consider to be defective or non-conforming, they must:
It shall be the Client's responsibility to provide all necessary justification regarding the designation of apparent defects and/or anomalies observed. The Client must give MC7 every facility to establish these defects or non-conformities and to remedy them where applicable. The Client shall refrain from intervening themselves or having a third party intervene for this purpose.
If the defects and/or anomalies are confirmed by MC7, MC7 will then send the Client instructions on how to proceed after reviewing the complaint thus made and, where applicable, will proceed to replace the Product for which MC7 has found a lack of conformity or a defect.
In the event that the exchange of the Product proves impossible, MC7 shall be required to reimburse the Client within the legal timeframes. The reimbursement will be made, as proposed by MC7, by credit to the Client's bank account, with the Client being able to opt for a reimbursement method other than the one proposed.
Shipping costs will be reimbursed based on the rate charged, and return costs will be reimbursed upon presentation of supporting documents.
Reimbursements for Products deemed non-conforming or defective will be made as soon as possible, and at the latest within thirty (30) business days following MC7's finding of the non-conformity or hidden defect. This reimbursement may be made by bank transfer.
Replacements or repairs of Products deemed non-conforming or defective will be carried out as soon as possible, and at the latest within the usual manufacturing timeframes of 7-15 days.
MC7's liability may not be engaged in the following cases:
MC7's warranty is, in any event, limited to the replacement or reimbursement of non-conforming or defective Products.
ARTICLE 11 – INTELLECTUAL PROPERTY
The Website, its structure, content, design, texts, images, graphics, logos, videos, trademarks, and all other elements composing it are protected by intellectual property rights and are the exclusive property of MC7 or its partners.
The name, logos, designs and models, stylized letters, figurative marks, and all signs represented on the Site are and shall remain the exclusive property of MC7.
All rights relating to the Services and Products offered by MC7 are and remain the exclusive intellectual property of MC7.
All of these rights are reserved worldwide.
MC7 grants the User a non-exclusive license to use the Site. This license is strictly personal and may under no circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site. The use of the Site and its Services shall in no way be construed as transferring to the User any ownership right over the Site or any element contained in or constituting it, nor over the Products. No title or right whatsoever to any element or software shall be obtained by downloading or copying elements from the Site.
The User is prohibited from:
Any use by the User of the Intellectual Property Rights belonging to MC7 is strictly prohibited and exposes the User to civil and/or criminal legal proceedings. Any representation or reproduction, in whole or in part, of the Site and/or the Products, by any process whatsoever, without the prior express authorization of MC7, is prohibited and shall constitute an infringement punishable notably under Articles L.335-2 et seq. and Articles L.713-1 et seq. of the French Intellectual Property Code.
ARTICLE 12 – USER CONTENT AND RESPONSIBILITY
The Products may contain Content created and disseminated by Clients, in particular links shared and giving access to the personalized QR Code displayed on the Product. MC7 cannot be regarded as having the status of editor of the content, but exclusively that of a host, which consists of providing Clients with technical means enabling the direct and permanent storage of information intended to be communicated to the public. MC7 thus meets the definition set out in Article 6.I.2 of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy ("LCEN").
In accordance with applicable regulations, MC7's liability cannot be engaged or held on account of the Content made available or incorporated into the Products, unless it fails to promptly make such Content inaccessible after having been informed of its unlawfulness under the conditions provided for by this law.
As soon as it is notified of the allegedly unlawful or improper nature of Content under the conditions provided for in paragraph 5 of I of Article 6 of the LCEN referred to above, MC7 promptly implements the necessary measures so that the Content is no longer accessible. These measures may range from removal of the Content (by deactivating the QR Code embedded on the Product) to the temporary or even permanent prohibition of a Client from accessing the relevant Service or the Site, having regard to the severity and repetition of the infringements observed. MC7 does not carry out general monitoring of Content beyond its contribution to combating, in particular, the glorification of crimes against humanity, incitement to racial hatred, child pornography, incitement to violence, notably incitement to violence against women, and violations of human dignity, in accordance with the provisions of paragraph 7 of I of Article 6 of the LCEN.
Consequently, the Client assumes full responsibility for the accuracy, integrity, legality, reliability, and timeliness of the information transmitted and the Content disseminated on the Products under these T&Cs. The Client acknowledges that MC7's liability may in no case be sought in the event that the information transmitted and Content published prove not to be free of rights or infringe upon the rights of a third party.
The Client undertakes to comply with all applicable legislation and not to infringe the rights of third parties, and in particular:
(a) that the Content does not infringe in any way the rights that third parties, whether individuals or legal entities, may hold, notably in respect of industrial property, copyright or related rights, the sui generis right applicable to databases, image rights, or the right to privacy; (b) not to disseminate Content that is (i) discriminatory, insulting, defamatory, or racist, or that infringes public order and public morality, (ii) violent, threatening, or of a pedophile nature, (iii) constitutive of the glorification of crimes against humanity, denial of genocide, incitement to violence, racial hatred, or child pornography, (iv) likely to harm minor users in any way, or to encourage them to endanger themselves in any way, (v) likely by its nature to undermine respect for the human person, human dignity, equality between women and men, or the protection of children and adolescents, (vi) constitutive of disparagement, harassment, or cyberbullying, (vii) enabling third parties to obtain, directly or indirectly, pirated software, software serial numbers, software enabling acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs, and more generally any software tool or other tool enabling infringement of the rights of others and the security of persons and property, (viii) of a commercial nature (solicitation, touting, prostitution, etc.). The Client also undertakes not to disseminate Content encouraging the commission of crimes and/or offenses, or inciting the consumption of prohibited substances, or Content inciting discrimination, harassment, hatred, violence, or suicide.
The Client undertakes not to disseminate Content in violation of applicable legislation or of a nature likely to harm the interests or image of MC7.
MC7 thus reserves the right to remove, without prior notice, any reported Content (by deactivating the QR Code embedded on the Product) that has been published in violation of the provisions of the T&Cs or that may infringe the rights of a third party or of MC7. However, the removed Content may be retained by MC7 in order to comply with certain legal obligations.
MC7 reserves the right to keep records of reports and complaints relating to Content, and thus undertakes to promptly inform the competent public authorities of any unlawful activities reported to it and carried out by any Client of the Site. The Client is advised that in all such cases, MC7 may provide, at the request of a judicial authority, all information enabling or facilitating identification of the Client, as well as IP addresses and connection times, if still in its possession. The Client is also advised that MC7 reserves the right to report manifestly illegal Content to the competent authorities.
ARTICLE 13: OBLIGATIONS OF THE USER
The User, whether or not they are a Client, undertakes to comply with the terms of these GTCUs.
The User undertakes to use the Site in accordance with applicable laws and regulations and not to infringe the rights of third parties or public order.
The User, whether a Client or not, is prohibited from:
MC7 reserves the right to suspend or terminate, as a matter of right and without prior notice or compensation, the User's Account and access to the Services in the event of:
ARTICLE 14: LIABILITY
The User shall also be held liable for any damage suffered by MC7 resulting from the User's violation of the GTCUs or of applicable laws and regulations.
The User acknowledges that MC7's liability towards the User may only be engaged for acts directly attributable to MC7 that cause the User direct harm, to the exclusion of any indirect harm of any kind whatsoever.
In any event, MC7 disclaims all liability in the event of non-performance or delay in the performance of its obligations hereunder, where the cause of the non-performance or delay is linked to:
MC7 shall in no event be held liable, towards Users or third parties, for any modification, suspension, or interruption of the Site and/or the Services for the purposes of technical maintenance or the updating of information.
ARTICLE 15: PERSONAL DATA
The conditions for the collection and processing of personal data are set out in the Privacy Policy accessible on the Site.
ARTICLE 16: CUSTOMER SERVICE
MC7 provides the User with a customer service department whose mission is to answer any questions the User may have regarding their Account and the Services, including questions relating to Orders placed.
For any request for information or clarification, or for any complaint, the User must first contact MC7's customer service department, in order to allow it to attempt to find a solution to the problem.
Customer service can be reached using the following contact details:
Customer service exercises reasonable diligence in responding to requests within a reasonable timeframe.
ARTICLE 17: AVAILABILITY – NO WARRANTY
The Services are accessible 24 hours a day, 7 days a week, subject to any provisions to the contrary set out below.
The Services related to the use of the Site are provided "as is" and subject to availability.
MC7 does not guarantee error-free, uninterrupted, or fully secure provision of the Site. MC7 is not bound by any obligation of personalized assistance, notably technical assistance.
MC7 disclaims all express or implied warranties, in particular regarding the quality of the Site and its compatibility with the use to be made of it.
MC7 further does not guarantee that information transmitted by Users cannot be subject to intrusion by unauthorized third parties, or be corrupted or downloaded, nor that information and data circulating on the Internet are protected against such attacks or possible misappropriation.
Temporary interruptions of the Services will, as far as possible, be notified via the Site at least 24 hours before they occur, except where such interruptions are of an urgent nature.
Any permanent discontinuation of the Services will be notified via the Site at least one (1) month before it occurs.
ARTICLE 18 : FORCE MAJEURE
MC7 shall not be liable in the event of force majeure as defined by Article 1218 of the French Civil Code and by the case law of the Cour de cassation, namely an external event, unforeseeable and irresistible, beyond the control of the party bound by the obligation, which could not reasonably have been foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures, and which prevents the performance of the obligation by the party bound thereby.
Any event beyond MC7's control and against which it could not reasonably have protected itself constitutes a case of force majeure and, as such, suspends the parties' obligations, such as, without this list being exhaustive: a strike or technical failure (EDF, ERDF, telecommunications operators, Internet access or hosting providers, etc.), an interruption in the supply of energy (such as electricity), or a failure of the electronic communications network on which MC7 depends and/or of any networks that may replace it.
MC7 may not be held liable, or considered to have failed in its obligations under these GTCUs, for any non-performance or delay linked to a case of force majeure. MC7 will endeavor to inform the User or Client as soon as possible and will do its utmost to minimize the harm caused and to perform its obligations as quickly as possible once the case of force majeure has ceased. If the impediment is temporary, performance of the obligation is suspended. If the impediment is permanent, the contract between the Parties may be terminated automatically, and the Parties are released from their obligations under the conditions set out in Articles 1351 and 1351-1 of the French Civil Code.
ARTICLE 19: ENTIRETY
The provisions of these GTCUs express the entirety of the agreement concluded between Users and MC7. They shall prevail over any proposal, exchange of letters prior or subsequent to the conclusion hereof, as well as over any other provision contained in documents exchanged between the parties and relating to the subject matter of the GTCUs, unless a duly signed amendment by the representatives of both Parties provides otherwise.
ARTICLE 20: NO WAIVER
The fact that one of the parties to these GTCUs has not required the application of any given clause, whether on a permanent or temporary basis, shall in no case be considered as a waiver of that party's rights arising from said clause.
ARTICLE 21: NULLITY
If one or more provisions of these GTCUs are held to be invalid or declared as such pursuant to a law, a regulation, or a final decision of a competent court, the other provisions of these GTCUs shall remain in full force and effect.
Where applicable, MC7 undertakes to immediately remove and replace said clause with a legally valid clause.
ARTICLE 22: APPLICABLE LAW
These GTCUs are governed by French law. Only the French-language version hereof shall be authoritative. MC7 and the User agree to use French in their contractual relations.
ARTICLE 23: DISPUTE RESOLUTION
In the event of a dispute that may arise in connection with the interpretation and/or performance hereof, or in relation to these GTCUs, notably the use of the Site and the Services, including the execution of an Order, the parties undertake to make every effort to amicably resolve any disputes to which these GTCUs may give rise.
For any dispute not resolved by a complaint relating to the management of an Account, or to the performance, non-performance, interpretation, validity, or termination of these presents, and before any legal action, the User is invited to submit their complaint directly to a Mediator. In accordance with the provisions of the French Consumer Code, the Client may have recourse, free of charge, to a consumer mediator, whose contact details will be communicated once designated.
Recourse to mediation is a free procedure carried out in written form in French. The Parties may be represented by a lawyer or assisted by a third party of their choice, at their own expense. Each party may also seek the opinion of an expert at their own expense.
In the absence of an amicable settlement within the allotted time, all disputes relating in particular to the validity, performance, interpretation, and/or termination of these GTCUs shall fall within the exclusive jurisdiction of the courts of the district in which MC7's registered office is located.
In the event that any part of this article is deemed unenforceable, the remaining provisions of this article shall continue to have full effect and shall be interpreted and applied as if the part deemed unenforceable were not included herein.
