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GENERAL TERMS OF SERVICE AGREEMENT

Millimages (hereinafter “Millimages”, “we”, “us”, “our”) is a company specialized in the production and distribution of animated films and series and is the producer of the animated TV series entitled “Molang”.
Our website “www. Molang.com” (“the Site”) is offering Molang fans the possibility to expand and enhance their experience of the Molang universe by discovering new contents and products deriving from the TV show.

The purpose of these General Terms of Service Agreement is to inform you of the conditions under which you access, visit or use the website “the Site” including without limitation, by accessing, using and/or downloading the materials (“Materials” as defined below) or by purchasing any product (the “Products” as defined below) offered on the Site.

By accessing, visiting or using the Site, you agree on your own behalf, or on behalf of any person or entity on whose behalf you may act, to accept and abide by all the terms and conditions of this General Terms of Service Agreement (hereinafter this “Agreement”).

Therefore, it is important that you carefully read and understand the terms and conditions of this Agreement. If you do not agree to these terms and conditions, please do not use the Site.

The applicable version of the Agreement shall be the version in force at the time of access or visit of the Site and/or, as the case being, at the time of order.
We reserve the right, at any time, to:

  • Change the Terms and Conditions of this Agreement;
  • Modify the Site, including eliminating or discontinuing any Material, Service and/or Product or any other feature of the Site;
  • Change any prices, fees and charges associated with the Site; or
  • Deny or terminate your use of and/or access to the Site.
  • Any change will be effective immediately upon our making such change(s) available on the Site, unless otherwise provided. These modifications however may not apply to past or pending orders.

Article 1 - Definitions


For the purpose of this Agreement, the following words and expressions will be defined as follows:

Millimages” (or “we”, “us”, “our”): “Société Anonyme” duly incorporated under the laws of France and duly registered in Paris, France, under the number 382 954 279 with a share capital of 293.597,88 euros and its registered offices at 88, rue de la Folie Méricourt – 75011 Paris (France).

Materials”: any materials provided on, by or through the Site as part of or in connection with the Products or otherwise, including but not limited to data, text, software, applications, images, audio and video clips, downloadables, do it yourself tutorials, links and references

Product”: any product offered for purchase on the Site

Price”: the price each Product as displayed on the Site

Order”: purchase through a Transaction of one or several products displayed on the Site

Transaction”: finalization of the Order through the payment of the Price of the Products and of the Shipping Fees and acceptance of the hereby Terms and Conditions. Once the transaction is concluded you’ll receive an email confirming our receipt of your Order.

Shipping Fees”: fees applicable for the shipping and delivery of the purchased Product(s) to the address chosen for delivery at the moment of the Transaction.


Article 2 - The Site

1.1 The Site is divided in two parts:

The Playground (the “Playground”) in which you can access our Materials, including but not limited to downloadable contents, background themes, videos, games, links, references, etc.
The shop in which you will be able to purchase Molang related Products (the “Shop”)..

 1.2 

(a) The creation of a user account is not necessary to access, visit and use the Site and/or to place an Order in the Shop. However, you will have the possibility to create an account with us (the “User Account”) if you wish to do so.

(b) If you create a User Account, you agree to:
  • Provide true, accurate, current, and complete information about yourself as prompted by our registration form (including your date of birth and e-mail address).
  • Maintain and update your information to keep it accurate, current, and complete.
Any information that you provide for the creation of your User Account will be treated by Millimages in the manner described in our Privacy Policy that can be found here.

(c) As part of the process of creating a User Account, you will be asked to select a password.You will be responsible for the confidentiality and use of your password and agree not to transfer or resell your use of or access to the Site to any third party. 
You should never disclose your password to anyone else, and you acknowledge that you are entirely responsible for any and all activities that are conducted through your User Account, and that Millimages shall not in any way whatsoever be held responsible for any consequence of said activities.
If you forget your password, you will be able to reset it via a link “Forgot your password?” provided on the homepage. You will be asked to enter your email address and to validate the request. Upon validation of the request, you will receive an email on the provided email address with a link to a page of the Site where you will be able to choose a new password.

Article 3 - Ordering Process

3.1 While browsing through the Shop, you will be able to select and add an unlimited number of Products to your shopping cart. You can access your shopping cart at any time during your browsing of the Site and can add, remove and adjust the quantities of Products at any time before the processing of your Order.

All Products available in the Shop are thoroughly described, in accordance with article L.111-1 of the French Consumer Code. However, you acknowledge and agree that the pictures of the Products are non-contractual and may differ from the actual Product.
Upon validating your shopping cart, you will have the possibility to create a User Account or to log into your User Account if you already have one, or to shop as a visitor.

In both cases, in order for your order to be processed, you will be required to provide certain information: your first name, surname, a delivery address, an invoicing address, an email address, as well as your phone number (optional). Please make sure that the provided information is accurate and up-to-date. By placing your order, you acknowledge that Millimages has no obligation to verify the accuracy of your personal information and that Millimages may in no event be held responsible of the consequences deriving from the inaccuracy of the provided information (e.g. impossibility to deliver the Products due to the provision of an inaccurate address).

3.2. The Transaction shall be considered concluded once :

  • You have been given, on the page of the Product, all information about the essential features of the Product;
  • You have chosen the Product(s) you want to purchase;
  • You have given us all the information necessary for the delivery of the purchased Product (email address, identification, address, etc.);
  • You have verified the elements of your order (via the “double-click system”) including the detail of the ordered Products, the price for each product, the total price, the amount of Shipping Fees, and if and when necessary, have modified your order with the possibility of cancelling your order;
  • You have followed the instructions given for the payment of the Products.

Once the Transaction is concluded, you will receive:

  • An email confirming the payment of the Order;
  • An acknowledgment of receipt of your Order and its confirmation;
  • The present Terms of Service in a PDF format.

Once confirmed, your order cannot be modified or cancelled without Millimages’ consent (without prejudice of your right of withdrawal, when applicable).
We reserve the right to refuse your Order, including, without limitation, in the following cases:

(1) if the provided delivery address is in a country under international sanctions, (2) in case of payment incident (e.g. rejected Transaction, non-payment of all or part of the price of the order, etc.), (3) in case of existing disputes between you and Millimages, or (4) if the desired Product is out-of-stock, in which case you will be informed immediately.


Before clicking on the validation button and confirming your Order, you will be able to verify the details of your Order and its total price and you will be given the possibility to return to the previous pages to correct any errors or modify your Order.

Upon confirmation of your Order, you will receive a confirmation email acknowledging the receipt of your Order. 
The filing of orders, invoices and communications between you and Millimages are made on a reliable and durable backup media and can be produced as evidence.

Article 4 - Pre-orders – Waiting Lists – Customized Products

For some really anticipated Products, we may give you the possibility to place an online pre-order through the Shop before the official launch of said Products. In this case, the anticipated launch date will be displayed on the Product page. If you decide to pre-order the Product, you will be required to pay for the full price of the Product in order to confirm the preorder.

Waiting lists may be put into place for out-of-stock Products. You will not be required to pay the price of the Product or to pay a deposit to be put on the waiting list. However, you acknowledge that your registering on the waiting list doesn’t guarantee the availability of the Product in the future and that Millimages shall in no event be held responsible in this regard.

From time to time, we may offer customizable Products in the Shop. If you wish to order customizable Products, the provisional date of delivery shall be communicated to you before the confirmation of your Order. Please note that by ordering customized Products you renounce to exercise your right of withdrawal.

Article 5 - Price

The essential features of the Products and their Price are indicated in euros on each Product page in the conditions of article L.112-1 of the French Consumer Code.

Millimages reserves the right to modify the Price of the Products at any time, however we guarantee that we will apply to each Transaction the Price specified on the Product page at the time of the Order.

5.2 VAT and taxes

The Price specified on the Site is tax included (VAT and other potential taxes).

5.3 

Notwithstanding the foregoing, custom duties and local taxes and/or import duty may be payable in some cases. Millimages shall not be responsible for such sums and their payment shall be your exclusive responsibility (e.g. declaration and payments to competent local authority, etc.). In this regard, we invite you to seek information on these matters with the competent local authorities.

5.4 Shipping Fees

The Price specified on each Product page does not include the Shipping Fees that will be invoiced to you, as the case may be.

In case of Shipping Fees, the amount of such fees will be specified on the confirmation page of the Order before any payment.

You can find all the necessary information in relation to our Shipping Fees Policy here.

5.5 Telecommunication fees

You are exclusively responsible for any and all fees incurred by your access, visit or use of our Site.

Article 6 - Payment

The Price of the purchased Product(s) and the related Shipping Fees (together the “Transaction Price”) must be paid immediately upon confirmation of the Order, including in case of pre-order, by bank card through STRIPE or via PAYPAL (each a “Payment Service”).

All online payments are operated by the Payment Service. The transmitted information will be encrypted and not be accessible during their transmission through the network. They are transmitted directly to the Payment Service and shall in no event be accessible to Millimages.

By communicating your payment information to the Payment Service, you allow Millimages to request the Payment Service to debit the amount of the Transaction Price from your bank account and confirm that you are legally the holder of the said account and that you detain all rights to use it for the Order.

In case of error or impossibility to withdraw the full amount of the Transaction Price from your account, your Order will be automatically cancelled.

Article 7 - Delivery

Subject to the full payment of the Price of the Order, Millimages commits to fulfill the Order et to deliver the Products to you within the time frame specified at the confirmation of your Order at the address provided by you.

It is understood that specified Delivery Time does not include the time necessary for the preparation of the Order.

If a Product is found unavailable after the confirmation of your Order, you will be informed immediately of the provisional new date of availability and delivery and you will be given the choice to cancel the unavailable Product from your order.

In accordance with article L 216-2 of the French Commerce Code, in case of delay in delivery or if the unavailability of a Product makes the delivery impossible within 30 days from your Order, you will be allowed to rescind the Contract. In this event, Millimages shall refund you the Price of the Order as well as the Delivery Fee.

You are reminded that all liability and losses in relation to the Products are immediately transferred to you upon receipt of the Order. It is therefore your responsibility to inform the carrier of any reserve on the delivered Product(s).

The ordered Products remain the property of Millimages until full payment of the Total Price.


Article 8 - Right of withdrawal

In accordance with article L.221-5 of the French Consumer Code, you have the right to change your mind and withdraw from the contract, without any motive, within fourteen (14) days from the receipt of your Order.

Before returning the purchased Products and in order for your return to be taken into account, you must exercise this right by filling in the form available here and sending it by email at hello@molang.com or to the following address: 

Millimages SA

Service Client - Molang.com

88, rue de la Folie Méricourt

75011 PARIS

If you exercise your withdrawal right within the withdrawal period, you will be refunded of the Price of your Order as well as the Delivery Fee. However, all fees in relation to the return of the Products shall be at your exclusive charge.

Products must be returned in original packaging, complete with all accessories and the receipt of purchase attached.

 

Article 9 - Warranties

Millimages warrants that, in accordance with article L.411-1 of the French Consumer Code, the Products displayed on the Site satisfy all current safety and health requirements and all fair trading and consumer protection rules.

Legal warranty of conformity (article L. 217-4 French Consumer Code)

In accordance with article L217-4 of the French Consumer Code, Millimages shall deliver products in conformity with the order Products and is responsible for any and all conformity default existing on the date of delivery. 

The legal warranty of conformity shall apply to all Products sold on the Site, irrespective of any additional commercial warranty we might offer, as well as to their packaging and their assembly instructions, if any.

As per French Law, you will have two (2) years from the date of delivery of a Product to exercise the legal warranty of conformity. If you exercise your claim within six (6) months from the date of delivery of the Products, no proof of non-conformity shall be required. After such delay however, we will ask of you to send us pictures supporting your claim along with your claim.

Upon receipt and verification of your claim, Millimages shall either refund you the price of the Product or exchange the nonconform Product with a conform one.

Legal warranty against latent defects (article 1641 of French Civil Code)

In accordance with article 1641 of the French Civil Code, you are awarded, for each Product purchased on the website, a legal warranty against latent defects. 

The legal warrant against latent defect shall apply to all Products sold on the Site, irrespective of any additional commercial warranty we might offer, and shall apply to any and all latent defects existing before the delivery of the Product.

As per French Law, you will have two (2) years from the date of delivery of a Product to exercise the legal warranty against latent defects. In the event that you need to exercise such a claim, it must be exercised immediately upon apparition of the latent defect and we will ask you to send us pictures supporting your claim.

Upon receipt and verification of your claim, we will, at your discretion, rescind the sale, in this case, will we refund you for the full Price, or for a part of the said Price in the conditions specified in article 

 

Exercise of the legal warranties

In accordance with applicable French laws, you will have two (2) years from the delivery of the products to exercise the legal warranties specified in clause 9.2. and 9.3. Any such claim must be sent at the address specified in clause 8, along with all necessary proofs supporting your claim, as the case may be.

Upon receipt and verification of your claim, Millimages shall either refund you the price of the Product or exchange the nonconform Product with a conform one.

MILLIMAGES LIABILITY SHALL BE LIMITED TO THE PRICE OF THE DEFECTIVE OR NON CONFORM PRODUCT AS PAID BY YOU AT THE TIME OF THE ORDER AND MILLIMAGES SHALL IN NO EVENT BE HELD LIABLE FOR ANY INDIRECT DAMAGE OR FINANCIAL DAMAGE OR CONSEQUENTIAL DAMAGE TO YOU AND/OR ANY THIRD PARTY ARISING FROM THE USE OF THE SITE, AND/OR THE PRODUCTS.

Article 10 - Claims and mediation

You can send any claim you may have in relation to the Site and/or Products to the following address:

MILLIMAGES S.A

Service des réclamations

88, rue de la Folie Méricourt

75011 PARIS

In accordance with articles L.616-1 and R.616-1 of the French Consumer Code, you are informed that in case of dispute, you may resort to the Consumer Ombudsman at the following address:

https://cnpm-mediation-consommation.eu

Article 11 - Property

Materials 

11.1 Property of the Materials

All Materials, including but not limited to all videos, texts, pictures, downloadable items, designs, trademarks, products, and more generally any data on the Site, are provided to you for personal, non-commercial use only.

You acknowledge and agree that the Products and Materials are owned by Millimages, our business partners, suppliers and/or licensor, as applicable and are protected by intellectual property laws.

You must retain all trademarks, copyrights and other proprietary notices on downloaded and printed Materials, and any such downloads or copies are subjected to the terms and conditions of this Agreement and shall remain the property of Millimages and/or its licensors and/or suppliers. You should be aware that the Materials may be outdated and contain errors, omissions, and inaccuracies.

11.2 Limited permitted use of the Materials

(a) The downloading, printing and other uses of the Materials ato you is conditioned on your acceptance of any license agreement and/or other additional terms and conditions that are presented or provided in connection with any such Material(s), including agreements of third parties.

You may print or download a reasonable number of copies of any graphic or textual Materials owned by Millimages available for downloading on the Site. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of Millimages or, if so indicated in writing by Sanrio, its licensors or suppliers. You understand and agree that you may not authorize, encourage or allow any Material(s) used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them. You agree to advise Millimages promptly of any such unauthorized use(s). You acknowledge and agree that Millimages reserves the right to, and may, retain or delete the information, music, photos, video and other materials that you submit, at any time, in its sole discretion.

(b) Millimages’ Image Download Policy (the “Policy”) sets forth the conditions under which you may download the Materials being offered by Millimages for download. By downloading Materials from the Site, you acknowledge and agree to the following terms and conditions:

Molang ® is a trademark registered by Millimages and the characters, designs and images are copyrighted by Millimages.

The Materials available for download (collectively the “Downloads”) are provided under license from Millimages for your personal, non-commercial use only. Specifically, you may:

Download one copy of any of the Downloads to an electronic device (including without limitation computer, cellular phone, touchpad, etc.).

Transmit the Downloads to a third-party or their personal non-commercial use.

However, you may not:

Modify the texts, images, software, or any aspects of the Downloads in any way;

Delete or modify any of the copyright or trademark notices associated with the Downloads.

The Downloads are for the intended immediate user and may not be sold, re-sold, leased, licensed, sub-licensed or otherwise transferred to a third-party in any modified form.

Article 12 - Force majeure

In case of Force Majeure, as defined by French Cour de Cassation, the performance of its obligations of delivery by Millimages is suspended until the end of the event of Force Majeure. 

In this case, Millimages shall immediately inform you and keep you informed throughout the whole process.

Article 13 - Nullity

If any provision of this Terms of Services Agreement is held by any competent court or jurisdiction to be void or voidable or is deemed unenforceable, the remaining provisions of this Agreement shall continue in full force and effect and the provision shall be replaced by a valid and enforceable provision reflecting the spirit of this Terms of Services Agreement.

Article 14 - Applicable law

All clauses of this Terms of Services Agreement as well as any and all operation, purchase, Transaction, etc. taking place on or in relation to the Site, and/or any dispute relating to the interpretation or performance thereof,  shall be governed by French Law.

Article 15 - Consumers information

For your information, the clauses of the French Civil Code and of the French Consumer Code are reproduced and translated in English hereunder (it being understood that in case of dispute regarding the interpretation of such articles, the French version shall prevail):

Article 1641 du Code civil : Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine, ou qui diminuent tellement cet usage que l’acheteur ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix, s’il les avait connus.

Article 1641 of the Civil Code: the Vendor is responsible to give a warranty against latent defects of the sold item that make it improper for its intended use, or that diminish that use so much that the buyer wouldn’t have bought the item, our would have paid less, had he been aware of such defects.

 

 

Article 1648 du Code civil : L’action résultant des vices rédhibitoires doit être intentée par l’acquéreur dans un délai de deux ans à compter de la découverte du vice. Dans le cas prévu par l’article 1642-1, l’action doit être introduite, à peine de forclusion, dans l’année qui suit la date à laquelle le vendeur peut être déchargé des vices ou des défauts de conformité apparents.

Article 2648 of the Civil Code: the action resulting from latent defects must be brought by the purchaser within two years after the discovery of the defect. In the cases provided for in article 16421, the action must be filed, under penalty of foreclosure, within one year of the date 

 

 

Article L. 217-4 du Code de la consommation : Le vendeur livre un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l’emballage, des instructions de montage ou de l’installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité.

 

Article L. 217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

 

Article L. 217-5 du Code de la consommation : Le bien est conforme au contrat : 1° S’il est propre à l’usage habituellement attendu d’un bien semblable et, le cas échéant :

s’il correspond à la description donnée par le vendeur et possède les qualités que celui-ci a présentées à l’acheteur sous forme d’échantillon ou de modèle ;

s’il présente les qualités qu’un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l’étiquetage ; 2° Ou s’il présente les caractéristiques définies d’un commun accord par les parties ou est propre à tout usage spécial recherché par l’acheteur, porté à la connaissance du vendeur et que ce dernier a accepté.

Article L. 217-5 of the Consumer Code: The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, where applicable:

if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

 

Article L. 217-12 du Code de la consommation : L’action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien.

Article L. 217-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods.

 

Article L. 217-16 du Code de la consommation : Lorsque l’acheteur demande au vendeur, pendant le cours de la garantie commerciale qui lui a été consentie lors de l’acquisition ou de la réparation d’un bien meuble, une remise en état couverte par la garantie, toute période d’immobilisation d’au moins sept jours vient s’ajouter à la durée de la garantie qui restait à courir. Cette période court à compter de la demande d’intervention de l’acheteur ou de la mise à disposition pour réparation du bien en cause, si cette mise à disposition est postérieure à la demande d’intervention.

Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, condition covered by the warranty, any downtime of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.