Terms and Condition

Applicable as of 01/07/2015
Last updated : 17/01/2017

Important information:

The User is invited to read the present terms and conditions before placing an order or a pre-order. They will be expressly requested to accept the terms and conditions prior to validation of each order or pre-order. If the User does not accept, the transaction cannot be completed.
If the User is less than 18 years of age, they must have the authorization of a parent or guardian to make an order or a pre-order and/or proceed to payment.

ARTICLE 1 : Business scope and identification

The commercial site www.collectorbd.com (hereafter referred to as "the Site") is a digital site accessed online, open to all other Internet users (hereafter referred to as "the User").
The Site is managed by MEDIATOON LICENSING, simplified joint-stock company certified under French law with a capital of €100 000, registered on the Paris Trade and Business Registry under the number B 504 055 294, with headquarters located at 15-27 rue Moussorgski, 75018 PARIS (France), (hereafter referred to as "the Company"). The Company can also be contacted by email using the following address: info@collectorbd.com
The present terms and conditions (hereafter referred to as T&C) represent the agreement between the Company and the Site User, a legal adult able to understand and accept contractual responsibility, or a minor under the responsibility of their legal representative.
The Site allows the User access to a remote sales platform (hereafter referred to as "the Service(s)") of commercial "Products". "Products" here refers to the range of goods available for purchase on the Site that the User can acquire by ordering or pre-ordering, such as published products and spin-off products inspired by comic book series produced by various publishers.
The management of online payment and of orders or pre-orders is entrusted to SA MDS (ci-après dénommée « MDS »)(hereafter referred to as "MDS"), a French limited liability company with a capital of 155 000 Euros, registered on the Evry Trade and Business Registry under the number B 344 224 761, with headquarters located at 22 rue Robert Benoist 91410 DOURDAN (France). As such, MDS receives payments, handles orders and pre-orders, and bills Users for Products ordered through the Site.
In accordance with the French statutory regulation applied to the commission contract, MDS acts as commissioner in its own name, on behalf of the Company.
Delivery to Users of Products ordered or pre-ordered on the Site shall be carried out by the shipping firm selected by the Company, in accordance with the method and delivery time specified under the "DELIVERY" heading of each Product, and according to the procedure described under Article 8.

ARTICLE 2 : Information & Customer complaints

The User may send all questions or complaints relative to the management of orders or pre-orders to the following email address: info@collectorbd.com or by mail to the MDS postal address provided above under Article 1.
For all questions other than those relative to the management of orders or pre-orders, the User can send an email to the following address: info@collectorbd.com or by mail to the Company's postal address provided above under Article 1.

ARTICLE 3 : Purpose

The purpose of the T&C is to determine the contractual relations between the Company and the User, concerning any transaction carried out by the User for a Product available on the Site.
All use of the Site and its Services implies full acceptance of the T&C, which can be accessed at the bottom of every page on the Site and prior to the User's validation of their order or pre-order. On validating their order or pre-order, the User inherently and unreservedly agrees to the T&C.
Without prior written agreement from the Company, no alternative conditions can take precedence over the T&C. To this effect,

any alternative condition requested by the User remains non-binding unless accepted by prior written agreement from the Company;
any dispensation from the T&C previously accepted by the Company shall be applicable only to the purchase in question.

The Company reserves the right to amend the T&C and Product offers at any time. In such a case, the relevant conditions are those applicable at the time of the User's order or pre-order.
Prior to validation of each and every order or pre-order on the Site, the User shall be required to accept the T&C applicable at that time.

ARTICLE 4 : Orders/Pre-orders

4.1. Creating a User Account.

On visiting the Site, the User may create a User account by filling in the form available on the "create an account" page. In order to create a User account, all the required information must be provided.
The User acknowledges that the provision of any incorrect, incomplete, or false information may entail consequences with the Company and with third parties.
In any instance of the provision of incorrect, incomplete, or false information (or of failing to update information), the Company has the right to suspend or delete a User account immediately and without prior warning.
On creating a User account, the User is required to create a username and password in the relevant fields provided.

User is solely responsible for the confidentiality and security of their User account, including the username and password required to log in to their User account and access Services

User is solely responsible for the confidentiality and security of their User account, including the username and password required to log in to their User account and access Services.

The User must take the appropriate measures to avoid any third party discovering their username and password.

All orders for which the User has logged in using a valid username and password shall be taken into account by the Company and shall be considered as an engagement on behalf of the User concerned, unless the User is able to prove that an erroneous login is the result of a Site failure.

4.2. Making an order or a pre-order

Orders and pre-orders on the Site can be carried out by the User in the following manner :
- The User views pages on the Site,
- The User selects and adds their chosen Product(s) to their basket,
- The User reads the T&C of the Site
- The User validates their order or pre-order,
- The User provides the required delivery information,
- The User carries out the payment for their order or pre-order after verifying their selection and ticking "I have read and accepted the terms and conditions",
- The User confirms their order or pre-order and their payment
By confirming the order or pre-order, the User inherently confirms that they have read and accepted the T&C and that they renounce the right to request alternative conditions.

4.3. The Company reserves the right not to pursue the User order in the case of legitimate doubts regarding the integrity of the User, such as :

In the case of orders or pre-orders creating difficulty due to their content, frequency, particularity, or, more generally, in the case of abnormal activity or lack of integrity on behalf of the User;
In the case of information provided by the bank entrusted with the payment of the order or pre-order indicating the redundancy of the payment method provided by the User;
In the case of legal dispute with the User;
In order to guarantee the completion of sale, the Company reserves the right to ask the User for further information and to refuse the order or pre-order if the User fails to provide an adequate response.

4.4. In order to guarantee the completion of sale, the Company reserves the right to ask the User for further information and to refuse the order or pre-order if the User fails to provide an adequate response.

4.5. The Company reserves the right not to pursue the order in the case of a clerical error regarding the price named on the Site.

ARTICLE 5 : Price

The prices indicated on the Site are displayed in euros including tax (VAT and all other relevant taxes), but not including delivery fees, which shall be added prior to validation of the order or pre-order (see article 7).
All orders and pre-orders are to be paid for in euros, regardless of the country in which the order or pre-order is placed. Orders and pre-orders are shipped only to the geographical zones listed on the Site
If an order or pre-order is to be shipped to any country other than France, the User is considered the importer of the Products concerned.
For all Products shipped to zones outside the European Union, there may be customs fees, import fees, state tax or other local taxes on the exported Products. The Company herein denounces all responsibility for said charges. The User, as Product importer, is to be considered as solely responsible for the declaration and payment of said charges to the relevant authorities and/or organizations in the destination country.
Prices may be altered at any time and without prior warning. The User shall be billed for Products on the basis of the prices applicable at the moment of order validation, subject to availability of the Products ordered.

ARTICLE 6 : Special offers

The Site may present the User special offers on Product sales. Said offers are issued to the User on completing their order by clicking on the "Validate order" icon.
Special offers and prices are valid for as long as they are visible on the Site, subject to availability of Products.

ARTICLE 7 : Payment methods

Payment of the Product is required on validation of the order or pre-order. The Product(s) shall not be shipped to the User without prior payment of the full Product price. The User shall be sent a paper copy of their bill at their request.
If the total cost of the order or pre-order is superior to €300 (including tax and delivery charges), the User may pay for their order in 3 instalments at no extra cost by ticking the box proposing said option.
If the User chooses the option of paying in 3 instalments at no extra cost, the total cost (including tax and delivery charges) of the order or pre-order (the Basket) is divided by 3. The User is charged the first instalment on validation of the order or pre-order, the second instalment exactly 30 days later, and the third and final instalment 30 days after the second.
If the User chooses the option of paying in 3 instalments at no extra cost, the Product(s) in question shall be shipped on confirmation by the User of the order/pre-order and the payment of the first instalment.
Payment can be carried out :
- through secure payment by bank card (Visa, Mastercard). The Site uses an SSL encryption system for secure online payment ;
- by check or by bank transfer, your order will be proceed only after we confirm receiving your payment.

ARTICLE 8 : Contribution to delivery charges

Every order or pre-order, except in the case of a special offer concerning delivery fees, requires the User's contribution to the delivery charges. Said charges are subject to the geographical zone in which the delivery address for the order/pre-order is located.
The total delivery fees are outlined in the order/pre-order summary and invoice, distinct from the Product prices. The delivery charges are specified prior to validation and payment of the order or pre-order.
The User confirms that they are fully aware of the delivery charges added to the Product price of the order or pre-order.

ARTICLE 9 : Delivery

The Products shall be delivered to the delivery address provided by the User on placing their order or pre-order. Orders and pre-orders are shipped only to the geographical zones listed on the Site.
Any Product pre-ordered by the User shall be delivered after the official Product release date and once the Company has the Product in stock. An email confirming shipment shall be sent to the User using the email address provided by the User on placing their pre-order.
The delivery time indicated on the Site refers to the time a delivery usually takes from leaving the warehouse. The delivery time refers to working days. Delivery is subject to force majeure, transport strikes, or postal service strikes.
If the User orders several Products at the same time and the Products have different delivery dates, the order or pre-order shall be delivered on the latest date.
Delivery shall be carried out by the delivery firm of the Company's choosing. The following information can be found under the "DELIVERY" heading in each Product description:
- Name of the delivery firm;
- Conditions of delivery
- Delivery charges
- Delivery time
If delivery is delayed, the User shall be informed by email. In such cases, and providing the Product has not yet been shipped, the User may cancel their order or pre-order and request a refund of the Product in accordance with the terms outlined in Article 13.
If the Product has been shipped and has not been received, the User may cancel their order or pre-order and request a refund of the Product in accordance with the terms outlined in Article 13.
If the Product has been received, the User may cancel their order or pre-order within the period granted for the right of cancellation and request a refund of the Product in accordance with the terms outlined regarding the right of cancellation in Article 11.
If the Product delivered is faulty or non-compliant, the User may contact the Company within a period of 5 days from receipt of the Product using the following email address: info@collectorbd.com

ARTICLE 10 : Availability

The release date featured in the Product description for pre-orders is provided for information purposes only. In the event of an altered release date for the Product in question, the User shall be informed by email using the email address provided on placing their pre-order.
Special offers and prices are valid for as long as they are visible on the Site, subject to availability of Products.
If a Product becomes unavailable after validation of an order or pre-order, the User shall be informed by email. The User may consequentially cancel their order or pre-order and receive a refund of the Product in accordance with the terms outlined in Article 13, or they can await delivery of the Product when it next becomes available.
If a pre-ordered Product never comes into market, the User shall be informed by email using the email address provided by the User on placing their pre-order. The User may consequentially cancel their order and receive a refund of the Product in accordance with the terms outlined in Article 13.
Given the quantity and character of the Products featured on the Site, not all Products are stocked by the Company and thus may be subject to availability with Site suppliers.
On placing their order or pre-order, the User is informed by the Company of Product availability in accordance with the information received by the Company from their suppliers.
If, in spite of the supplier's duty to inform the Company of Product availability, a Product is found to have become unavailable after validation of an order or pre-order, the Company shall inform the User by email.In the event that an ordered or pre-ordered Product has become unavailable and the User has been charged for said Product, the order shall be automatically cancelled and the User shall receive a refund from the Company for the unavailable Product within maximum 30 days from the User's initial payment. indisponibles au plus tard dans les 30 jours de son paiement.

ARTICLE 11 : Period and effect of the right of cancellation

I. Principles

According to Consumer Law n° 2014-344 of March 17 2014, the User has the right to notify MDS that they would like to cancel their order within 14 days from the day after delivery, with no subsequent penalties. Returns of used, damaged or incomplete Products shall not be accepted by the Company

The right of cancellation may only be invoked within 14 working days from the day after the User receives the Product.
The Product in question must be returned in its original packaging, intact, clean, unused, complete, and with any accessories, instructions and documentation that came with it.

If the User wishes to invoke the right of cancellation, they must inform Mediatoon Licensing within the aforementioned period, either by email to the following email address info@collectorbd.com, or by registered letter with acknowledgement of receipt to the following postal address:Boutique Collector BD / Mediatoon Licensing – 15/27 rue Moussorgski – 75018 PARIS, France
The User must inform MDS through<
- either the signed and completed cancellation form that can be downloaded using the following link
- or a clear declaration citing both the order and User reference numbers.
Returned Products must be accompanied by the original delivery receipt.
Returned Products must be sent to the following address (if the User is resident in France or Belgium):
Boutique Collector BD, 57 RUE GASTON TESSIER, CS 50061, 75166 PARIS CEDEX 19 (France) .

II. Effects of the right of cancellation

If a User invokes the right of cancellation within the aforementioned period, they shall be promptly reimbursed for all payment for the Product in question within maximum 14 days from the date on which MDS is informed of the User's decision to cancel all or part of their order.
The delivery fees for the return of a Product in its original packaging are to be paid by the User.
The refund shall be carried out using the same payment method used by the User for the initial transaction. The refund shall be completed with no extra cost to the User.
The refund may be deferred until receipt of the returned Product or until the User provides proof of postage for the returned Product. The maximum refund period shall be counted from whichever of the above is first received by the Company

III. Instances in which the right of cancellation is not applicable

The right of cancellation cannot be invoked for any DVDs, CDs, CDROMs that have been unsealed by the User.

ARTICLE 12 : Product guarantee

The User may invoke the terms of the legal guarantee, in particular those relative to hidden Product flaws.

ARTICLE 13 : Responsibility

The Company cannot be held responsible for ordered or pre-ordered Products becoming unavailable, or for delayed Product release dates, or in the instance that a pre-ordered Product does not come into market.
The User acknowledges the constraints and limitations of the Internet. In these conditions, under no circumstances can the Company be held responsible for the speed of Site access from other sites, external delays, suspension, or inaccessibility of services offered by the Site, or fraudulent third-party use of any information available on the Site.
All Products available for purchase on the Site conform to current French legislation. The Company cannot be held responsible if any product does not conform to the legislation of the country of delivery. It is the responsibility of the User to confirm with local authorities their right to import and/or use the Product they wish to purchase.
The references and information featured on the Site are in accordance with the information communicated to the Company by publishers and suppliers. Product photographs on the Site are for illustrative purposes only. The Company can be held responsible only for the descriptions of Product characteristics featured on the Site.
In accordance with current legislation, the Company cannot be held responsible for the failure to pursue an order in any instance of User error, or of unpredictable and unavoidable interference of a third party, or in the case of a force majeure.

ARTICLE 14 : Refunds

Aside from the refund terms outlined above in Article 11 with respect to the User's right of cancellation, the User may request the cancellation of their order or pre-order only in the following instances:
- In the event of delayed delivery (cf. article 9.6) ;
- If a Product has been shipped but not received (cf. article 9.7) ;
- If the Product is no longer available (cf. article 10)
The User shall receive a refund of any payment made in the event of above circumstances within 14 days from receipt of the request addressed by email to the following email address: info@collectorbd.com or by registered letter with acknowledgement of receipt sent to the following postal address Boutique Collector BD, 57 RUE GASTON TESSIER, CS 50061, 75166 PARIS CEDEX 19 (France) .
The refund shall be carried out using the same payment method used by the User for the initial transaction. The refund shall be completed with no extra cost to the User.

ARTICLE 15 : Personal information and cookies

15.1 Personal information

Any personal information provided by the User on validation of an order or pre-order are subject to protective measures.
This information is used by the Company for strictly commercial purposes (order records and shipping, advertising special offers).
- Such information shall be retained by the Company mentioned in Article 1 of the present terms and conditions (cf. above);
- Such information is used uniquely for customer service purposes;
- The User has the right to access and alter their personal information (cf. above);
- Except in the case of declination on behalf of the User, customer information is liable to be transmitted to third parties.
The User can exercise their rights of access, rectification, and deletion:

Either directly on the Site in the web space headed "My Account" .
Or by writing a letter to the company Mediatoon Licensing(Collector BD), 57 RUE GASTON TESSIER, CS 50061, 75166 PARIS CEDEX 19 (France) or an email to info@collectorbd.com

15.2 Cookies

The Site uses cookies. Cookies are digital files stocked on the hard drive of the User's computer. The purpose of cookies is to track the User's previous visits to the Site. The Company uses cookies to create a personalized service for each User, amongst other things.

The User reserves the right to refuse cookies in their Internet browser settings. The User thus declines the option of a personalized service.

15.3. Tags

A number of the Site's web pages may sometimes feature digital images or "tags" tracking the number of visitors on the page in question.
Said tags may be used by some of the Company's partners in order to measure and improve the effectiveness of advertising strategies.
Any information gleaned from tags is used simply for the Company to gather statistics on website traffic and to improve User experience.

ARTICLE 16 : Intellectual property

All Site content, whether it be graphic features (comic books and indeed all graphic or visual Site content) or technical aspects, is subject to copyright protection, intellectual property rights, and patent rights.
Thereby, any reproduction, exploitation, diffusion, or usage, be it full or in part, of any of the elements featured on the Site, be it graphic, visual, sound, or technical (software), is strictly forbidden under all circumstances and exposes the person responsible to criminal prosecution.

ARTICLE 17 : Applicable law - litigation

The above terms and conditions are defined according to French law. The original terms and conditions are written in French. Any instance of litigation shall be handled according to French jurisdiction.