1. Scope of Application and Acceptance

1.1. The present Terms of Use govern your relationship with the websites accessible at mbandf.com, madgallery.net and shop.madgallery.ch, (hereinafter: the "Sites"), owned and governed by MB&F S.A. (hereinafter: "MB&F", "we", "us" or "our"), with its registered office located at Route de Drize 2, 1227 Carouge, Switzerland.

1.2. Please read the present Terms of Use carefully before using our Sites. Your access to our Sites is conditional upon your acceptance of the Terms of Use and your behavior in accordance with them.

1.3. By browsing our Sites, you agree to be bound by these Terms of Use. If you do not agree to the provisions of these Terms of Use, please do not use our Sites.

1.4. The present Terms of Use form an integral part of our General Terms and Conditions of Sale.

1.5. Please note that your use of our social media pages on Facebook, YouTube, Instagram, LinkedIn, Twitter and WeChat, is governed by the relevant by the terms of use of the relevant social media platform.

2. Restrictions of Use

2.1. You are required to use our Sites in good faith. In particular, the use of the Sites is restricted as follows:

2.1.1. You undertake not to: (i) reproduce or modify the Sites, (ii) make any derivative works based on them, (iii) sell, license or sub-license, distribute, make accessible or rent the Sites or any of their components, features, functions or interfaces, and (iv) include the Sites in a commercial offer.

2.1.2. You undertake not to: (i) allow direct or indirect access to the Sites or use them in such a way that would circumvent a contractual limitation of use, (ii) attempt to obtain unauthorized access to the Sites, or to systems or networks linked to them, (iii) access the Sites in order to develop competing services or competing Sites, (iv) implement a program or script for the purpose of scraping, indexing, probing or otherwise exploiting data on all or part of the Sites, or (iv) decompile, reverse engineer or disassemble all or part of the Sites.

2.1.3. You agree to not use the Sites in any manner that would threaten the security, integrity or availability of the Sites. In particular, you undertake not to use the Sites to (i) store or transmit infringing, libelous or otherwise unlawful or tortious material, (ii) store or transmit material in violation of third-party rights, (iii) store or transmit malicious code, (iv) interfere with or disrupt the integrity or the performance of the Sites or any third-party data they may contain.

2.1.4. You shall not send, nor cause to be sent, spam or unsolicited letters and/or emails to any other user of our Sites, to our newsletter subscribers, nor to us.

2.1.5. You shall use the Sites strictly in accordance with the intellectual property regime applicable to the content of the Sites and shall not contribute to or encourage anyone to use the Sites in a manner contrary to fair competition and intellectual property principles.

2.1.6. You shall ensure the technical and legal compatibility, including updates of software and devices that are used, directly or indirectly, in connection with or in operation of the Sites, particularly to display the content and/or execute the functionalities of the Sites.

3. Intellectual Property

3.1. The Sites and their original content, characteristics and functionalities are and remain the exclusive property of MB&F and/or its licensors. In particular, the trade name, logos, photographs, services, distinctive signs of products or services and domain names mentioned on the Sites are the exclusive property of MB&F and/or its licensors, and may not be used without MB&F’s prior written authorization.

3.2. The Sites are protected by copyright, trademark and unfair competition laws. Our trademarks and distinctive signs of products or services may not be used in connection with any other product or website without our prior written consent.

3.3. We reserve all of our rights, titles and interests in relation to the Sites, including all related intellectual property rights. No rights are granted to you under these Terms of Use.

4. Limitation of Liability

4.1. Please note that the Sites are made available to you on an "as is" and an "as available" basis, and that you use our Sites at your own risk.

4.2. The information contained on our Sites is provided to you without warranty of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or warranty of third-party rights.

4.3. MB&F shall not assume any liability whatsoever in connection with the use of the information contained on the Sites, and shall not be held liable for any inaccuracies, errors, omissions or modifications to the information made available on the Sites.

4.4. The photos and texts illustrating and describing products available on our Sites are non-contractual and are for information purposes only. MB&F assumes no responsibility for any errors or omissions in the photos or texts appearing on the Sites.

4.5. We do not warrant that:

4.5.1. the Sites will operate in an uninterrupted and secure manner, or that they will be accessible at any time or in any place;

4.5.2. errors or defects that may affect the Sites will be corrected;

4.5.3. the Sites are free of viruses or other harmful components;

4.5.4. the use of the Sites will meet your expectations.

4.6. Except in the event of willful misconduct or gross negligence on MB&F's part, MB&F may not be held liable for any damages or loss whatsoever arising in connection with the use of the Sites, including indirect or punitive damages, loss of profit, loss of data, or damage to property or persons, regardless of whether MB&F may have been informed of the possibility of the occurrence of such damage.

5. Data Protection

5.1. With regards to the processing of your personal data in relation to the use of our Sites and their functionalities, please refer to our Privacy and Cookies Policy, which forms an integral part of the present Terms of Use.

6. Miscellaneous

6.1. These Terms of Use shall be governed in accordance with Swiss law, to the exclusion of its conflict of laws provisions, and any dispute shall be brought before the Courts of Geneva, Switzerland. The right of appeal to the Swiss Supreme Court is reserved.

6.2. Our failure to enforce any right or provision of the present Terms of Use will not be considered as a waiver of such rights.

6.3. If any provision of the Terms of Use is held to be invalid or unenforceable, the full validity of the remaining provisions shall not be affected. The invalid or unenforceable provision will be replaced by a legally valid provision with a similar purpose and legal effect.

6.4. These Terms of Use constitute the entire agreement between you and MB&F with regards to the use of our Sites, and supersede and replace any prior agreements we might have to this respect.

6.5. MB&F reserves the right to modify the present Terms of Use at any time, by publishing a new version on its Sites. By continuing to access or use our Sites after such modification becomes effective, you agree to be bound by the revised terms. If you do not agree to such terms, please stop using our Sites.

6.6. We reserve the right to refuse service and/or terminate your account(s) without prior notice, in our sole discretion or if you violate these Terms of Use.

6.7. If you have any questions regarding the present Terms of Use, or if you wish to cancel your account(s) with us, please contact us either by email at info@mbandf.com, by registered mail at the address cited in article 1.1 above, or contact us by phone at +41 22 786 36 18 and/or +41 22 508 10 38.

MB&F SA 2022

We also invite you to read our Privacy and Cookies Policy