These General Terms and Conditions of Sale and Services (“B2C Terms”) are issued by EI Léa CRUSEL - MY PILOT COLLECTION (“MPC”), a French sole proprietorship, SIREN 918 974 940, registered with the Albi Trade and Companies Register (RCS Albi), EU VAT No. FR 47 918 974 940, whose registered business address is 38 rue Édouard Branly, 81000 Albi, France. contact@mypilotcollection.com - +33 7 60 03 92 51 -www.mypilotcollection.com.

These Terms govern sales entered into with Consumers in which My Pilot Collection(MPC) is exclusively the contractual seller. MPC may purchase Products from, or have Products manufactured, customised, stored or shipped by, artists, craftspeople, manufacturers or other Partners, without those persons becoming the Client’s contracting party. The commercial, contractual and financial relationships between MPC and its Partners are separate from the contract of sale entered into with the Client.

These General Terms and Conditions of Sale (the “Terms”) apply to any sale entered into between MPC and a natural person acting for purposes outside that person’s commercial, industrial, craft, liberal-professional or agricultural activity (the “Client” or “Consumer”). They apply to sales concluded through the Website, following an expression-of-interest form, by quotation, email, telephone, messaging service, at an exhibition or fair, or through any other channel, subject to any mandatory rules specific to the manner in which the contract is concluded.

These Terms apply to the categories of Products and Services actually offered for sale by MPC, including original works of art, multiples and limited editions, automobilia, collectibles, handcrafted creations, customised objects, furniture, lighting, audio or electrical equipment, watches and clocks, jewellery, luggage, textiles and accessories. Digital content or digital services, gift cards, food products, alcoholic beverages and, more generally, any category of Products subject to specific regulation are offered only once the information, authorisations, restrictions, warnings, guarantees and specific terms applicable to that category have been provided on the Product page, during the Order process or in the Special Terms. The fact that a category of Products is referred to in these Terms does not constitute an offer for sale, confirmation of availability or a representation that MPC already holds every authorisation required for its commercialisation.

For all sales governed by these Terms, MPC acts exclusively as seller vis-à-vis the Client: the contract is entered into with MPC, which invoices and collects the price in its own name and for its own account. MPC may acquire Products from Partners or entrust them with all or part of the creation, manufacture, customisation, storage, preparation, shipment or installation of a Product. Those relationships are separate from the contract entered into with the Client and do not create any direct contractual relationship between the Client and the Partner.

• Order: any contract of sale validly entered into with MPC.

• Special Terms: the quotation, order form, order summary, specifications, payment schedule, delivery option or any other term expressly accepted for a specific Order.

• Partner: any natural or legal person, including an artist, craftsperson, designer, manufacturer, supplier, owner, workshop, subcontractor or logistics provider, from whom MPC acquires a Product or to whom MPC entrusts all or part of its creation, manufacture, customisation, storage, preparation, shipment or installation.

• Product: any tangible item or digital content sold by MPC, including a work of art, edition, collectible, handcrafted creation, prototype or made-to-order product.

• Customised Product: any Product made to the Client’s own specifications or clearly personalised, including by means of a name, inscription, specific colour, particular dimensions, vehicle, livery, logo, material, configuration or individual brief. Classification as a Customised Product under these Terms is not, by itself, sufficient to exclude the statutory right of withdrawal; the exemption applies only where the statutory conditions are actually met.

• Made-to-Order Product: a Product whose manufacture begins after the Order is placed, without necessarily being personalised. The fact that a Product is manufactured after the Order is placed does not, by itself, exclude the statutory right of withdrawal.

• Service: any ancillary or separate service, including advice, creative direction, customisation, installation, hanging, dedicated delivery, design or digital content.

• Website: www.mypilotcollection.com and its language versions.

The contract consists, in descending order of precedence, of any accepted amendments, the Special Terms applicable to the Order, written technical approvals within the limits of their subject matter, these Terms, and any descriptive information on the Website or Product page that is compatible with those documents. In the event of inconsistency, the higher-ranking document prevails. Lower-ranking documents remain applicable to matters not expressly addressed by a higher-ranking document.

A Special Term is enforceable against the Client only if it was communicated before the contract was entered into and accepted by the Client. A technical approval does not amend the price, the scope of the Services, intellectual property rights or any other contractual obligation unless the amendment is expressly identified and accepted by both Parties. No approval may amount to a waiver of any mandatory Consumer right. The applicable Terms are those communicated or made available at the time of the Order. Electronic communications, approvals by email and approvals made through a client area or agreed project-tracking tool may be relied upon as contractual evidence.

Before the contract is entered into, MPC provides the Client, in a clear and comprehensible manner, with the essential characteristics of the Product or Service, its price, charges, payment terms, delivery date or delivery period, guarantees, any restrictions and the identity of the seller.

4.1 Descriptions, photographs and renderings

Descriptions, dimensions, techniques, materials, weights, colours, finishes, quantities, numbering, functions and conditions of use stated on the Product page or in the quotation form part of the contractual characteristics to the extent that they are expressly presented as such.

Photographs, videos, staged images, scale representations, simulations and 3D renderings are illustrative. Differences resulting from screen display, lighting, framing, perspective or the handcrafted nature of the Product do not constitute a lack of conformity where they do not affect an essential characteristic that was promised.

4.2 Works of art, editions and collectibles

For works of art, limited editions and collectibles, the Product page, quotation or pre-contract information states, where relevant, available and necessary to the purchasing decision: the title or reference of the work, its date or period, technique, materials, dimensions, signature or attribution where communicated, numbering, edition size, condition, known restorations, documented provenance and the existence of any certificate.

In order to protect the confidentiality of its network and its relationships with artists, MPC may refrain from publishing, in publicly accessible listings, the civil identity, contact details or information enabling direct contact with the artist or Partner. Subject to the author’s rights and mandatory information requirements, a creation may in particular be presented under a pseudonym, artist name, workshop reference or MPC reference. Where the identity, pseudonym, attribution or any other information relating to the author is an essential characteristic of the Product or must by law be disclosed before the sale, MPC provides that information to the Client before the Order is entered into, including through a private communication, quotation or Special Terms, without being required to publish it on the publicly accessible Product page. Terms concerning authorship, attribution, period, signature and authenticity are used in accordance with the information available and the rules applicable to transactions involving works of art and collectibles.

For any edition presented as limited, the Product page, certificate or Special Terms states, as applicable:

• the total number of commercial copies in the edition;
• the numbering of the copy sold;
• the number, if any, of artist’s proofs, hors-commerce copies, prototypes or demonstration copies;
• whether those additional copies are included in the total edition size announced;
• any variations in dimensions, colours, materials, territory or finish;
• the existence, where applicable, of an edition register.

Unless clearly disclosed to the Client before the Order, no materially identical copy belonging to the same edition may be produced beyond the total number announced. A variation in colour, dimensions, materials or finish constitutes a separate edition only where there is a genuine distinction and its existence, or the possibility of creating it, was clearly disclosed. Where, exceptionally, a copy that has been permanently destroyed or rendered unusable is replaced, the replacement may be supplied only after the former copy has been documented as neutralised, the register has been updated and a certificate has been issued recording the replacement.

4.3 Archived, historic or unavailable Products

A former Product page, editorial publication, archive page, or a reference such as “sold”, “on request”, “price on request” or equivalent does not constitute a firm offer. An expression-of-interest form only allows the Client to request information or a proposal.

4.4 Safety and compliance

For any Product falling within general or sector-specific product-safety rules, MPC includes in the distance offer, or otherwise makes available before the Order, as required by the applicable rules:

• information enabling the Product to be identified, including its image, type, reference and, where applicable, serial or batch number;
• the name or business name of the manufacturer and its postal and electronic contact details;
• where the manufacturer is not established in the European Union, the identity and contact details of the responsible person established in the Union where such designation is required;
• applicable warnings, age restrictions, installation conditions, instructions for use, maintenance and safety;
• traceability and compliance information required to accompany the Product.

This information is provided in French where required by law. The Client undertakes to read and comply with the instructions supplied with the Product. Where a Product is electrical, illuminated, sound-producing, heavy, fragile, sharp-edged or intended to be fixed or installed, the Product page or quotation may require professional installation, specify a maximum load, safety distances or environmental conditions.

Where a safety warning, corrective measure, withdrawal or recall concerns a Product sold, MPC may contact the Client using the contact details retained for management of the Order. The Client must stop using the Product when instructed to do so and comply with the return, repair, replacement or destruction instructions communicated. This procedure does not limit the Client’s rights under statutory guarantees or product-liability rules.

5.1 Prices

Prices offered to Consumers are stated inclusive of all applicable taxes where the tax applies and can be determined before the contract is entered into. The applicable VAT rate or regime depends in particular on the nature of the Product, the country of delivery and, where relevant, the margin scheme. Where the VAT margin scheme applies, VAT may not be shown separately and may not be recoverable by the purchaser. The total price payable by the Client, including taxes and mandatory charges that can be calculated in advance, is shown before the Order is finally confirmed. No optional surcharge is charged without the Client’s express agreement.

5.2 Currencies

Prices may be displayed in several currencies. The currency actually invoiced, the final amount and any conversion charges are stated before payment. Indicative conversions do not constitute a firm price. Once the Order has been validly entered into, the contractual price cannot be changed because of a subsequent fluctuation in the exchange rate.

5.3 International delivery, duties and taxes

For delivery outside the relevant tax territory, the quotation or Order process states whether customs duties, import taxes, customs-clearance charges and carrier fees are included or remain payable by the Client. Where those costs cannot be calculated reliably before the Order is entered into, the Website operates only as an expression-of-interest form and MPC issues a final quotation. MPC may refuse a destination or shipment that is subject to a legal, customs, logistics or insurance restriction.

5.4 Obvious error

In the event of an obvious error in price, tax, quantity or description which a reasonably attentive Client could not reasonably have failed to notice, MPC informs the Client and offers the choice of confirming the Order at the corrected price or cancelling it for a full refund.

5.5 Artist’s Resale Right

Where a resale of a work gives rise to the artist’s resale right (droit de suite) under the French Intellectual Property Code, MPC completes the formalities and pays the amounts for which it is responsible. Any applicable artist’s resale right is included in the total price shown to the Client before the Order and cannot give rise to an additional charge after the contract has been entered into.

5.6 Price reductions and promotional offers

Where a price reduction is announced, the prior reference price is, unless a statutory exception applies, the lowest price charged by MPC to all Consumers during the thirty days preceding the reduction. Promotional codes, personalised offers, private sales, conditional discounts or benefits reserved for certain Clients apply in accordance with the terms communicated before the Order and the applicable rules. Any reduction, rebate or commercial benefit is reflected in the total price shown to the Client before final confirmation of the Order.

6.1 Expression-of-interest form

Submitting an expression-of-interest form, availability request or price request does not create any reservation, sale or obligation to contract. MPC may request additional information before issuing an offer.

6.2 Orders of EUR 3,000 or less

Where a Product is available for online purchase and its total price does not exceed EUR 3,000, the Client selects the Product, checks the basket, enters the required details, chooses delivery and payment, accepts the Terms and confirms the Order using a function that clearly indicates that confirmation creates an obligation to pay. The Client may correct input errors before final confirmation. A confirmation is sent on a durable medium.

6.3 Orders above EUR 3,000 and sensitive transactions

Any Order with a total price exceeding EUR 3,000, as well as any Order expressly identified on the Product page as subject to quotation or prior review, any sensitive international Order, significant customisation request or transaction presenting a particular risk, is entered into following a quotation, the required checks and payment in accordance with the Special Terms.

6.4 Acceptance of a quotation

Unless otherwise stated, a quotation is valid for thirty days. The sale is entered into when MPC confirms the Order after receiving the accepted quotation, the required information and the agreed payment, and after completing any checks that may be required.

6.5 Orders following telephone solicitation

Where a commercial offer follows telephone solicitation initiated by MPC in circumstances permitted by law, MPC sends the Client, on paper or another durable medium, confirmation of the offer containing the required pre-contract information. The Client is bound only after receiving that offer and expressly signing or accepting it on a durable medium. Oral agreement given during the call is not sufficient to form the Order. An Order concluded in this way remains subject to the right of withdrawal and other protections applicable to distance contracts, unless a statutory exception expressly applies.

6.6 Refusal or suspension

Before the contract is formed, MPC may refuse a proposed Order for a legitimate reason, including unavailability, an obvious error, inability to ship, a payment incident, suspected fraud, refusal to provide necessary verification, international sanctions, a counterfeiting risk or an unlawful request. After the contract has been formed, performance may be suspended or the contract terminated only in the circumstances provided by law or these Terms, including non-payment, legal impossibility of performance or necessary regulatory checks. Any amount that must be returned to the Client is refunded without undue delay. Where the Client is not at fault, any amount collected in respect of a refused Order is refunded without undue delay.

6.7 Record-keeping and access to electronic contracts

MPC retains, for the statutory period, contracts entered into electronically with a value equal to or greater than the regulatory threshold, currently EUR 120, and provides access to the Client on request. Records retained include, where relevant, the accepted version of the Terms, the quotation or Order summary, the essential characteristics, the price, consents and contractual approvals. Requests for access may be sent to contact@mypilotcollection.com quoting the relevant Order reference.

7.1 Down payment

Unless the Special Terms provide otherwise, any bespoke or customised Order requires a down payment of at least 50% of the price. The down payment is a firm part-payment of the price and is not merely a deposit conferring a right to cancel.

Characterising the payment as a down payment does not deprive the Client of any mandatory rights, including the statutory right of withdrawal where applicable and remedies in the event of breach by MPC.

7.2 Start of work

Depending on the Project, design or manufacture begins once all applicable prerequisites have been received, including the accepted quotation, cleared down payment, complete brief, usable files, required authorisations and approval of the preceding milestone. Where an Order entered into at a distance or off-premises includes advice, research, creative direction, design, customisation, development or coordination Services that may begin before expiry of the withdrawal period, MPC separately obtains the Client’s express request for early performance.

That request may not result from a pre-ticked box or from acceptance of these Terms alone. If the Client exercises the right of withdrawal before the Service has been fully performed, the Client remains liable, where the statutory conditions are met, for an amount proportionate to the Services actually performed up to the time the withdrawal decision is communicated. If the Service is fully performed before expiry of the withdrawal period, the Client loses the right of withdrawal only if the Client first expressly agreed to full performance and acknowledged that the right of withdrawal would be lost once the Service had been fully performed.

7.3 Brief and approvals

The Client is responsible for the accuracy, completeness and consistency of the information, dimensions, references, files, choices, constraints and instructions supplied to MPC. To the extent permitted by law, MPC is not liable for any delay, error or reworking resulting directly from information that is incorrect, incomplete, inconsistent or omitted by the Client and which MPC could not reasonably have identified as such. Where an obvious ambiguity or inconsistency is detected, MPC requests the clarification required before continuing the relevant phase.

7.4 Changes

Unless otherwise stated, one consolidated round of minor changes is included at each expressly identified milestone. The Client must consolidate its comments into a single set of feedback. A substantive change includes, in particular, any request that alters the approved brief, concept, use, dimensions, materials, a principal colour, quantity, process, function, supplier or deadline. Any substantive change, any request made after approval, or any additional round of changes that gives rise to an additional charge is subject to prior information and to a quotation or the Client’s express agreement. The additional charge may be assessed by reference to time, resources committed, third-party costs, urgency and the creative or strategic value of the work.

7.5 Fees for creative Services

Advice, research, creative direction, design, customisation, development or coordination Services identified and priced in the Order are standalone Services and are remunerated independently of the manufacture or purchase of the final Product. A decision by the Client not to continue the Project does not make Services already ordered and performed free of charge, subject to the Client’s statutory rights. Payment for those Services does not transfer any intellectual property rights, in accordance with Article 14.

7.6 Interruption requested by the Client

Where the Client asks, for personal convenience and otherwise than in exercise of a statutory right or a remedy arising from a breach by MPC, for an Order or Project already underway to be stopped, the Client may remain liable for Services already performed, work in progress, non-cancellable materials and commitments, and reasonable costs actually and specifically incurred for the Order and capable of being substantiated. MPC provides the Client with an itemised statement and credits amounts already paid. The same cost may not be charged twice. Stopping the Project, or paying for Services already performed, does not authorise the Client to use, transmit or have a third party exploit concepts, files, prototypes or creations whose rights belong to MPC or their respective rights holders, unless separately authorised in writing.

Accepted payment methods are those indicated at the time of the Order: bank card, electronic wallet, PayPal, bank transfer, instalment payment offered by an authorised provider or any other expressly accepted method. Payment discharges the Client only once funds have been effectively and irrevocably received. MPC does not receive or retain full card details where those details are processed by a payment-service provider.

MPC may request checks proportionate to the risk, including an identity document, proof of address, evidence that the Client controls the payment method, a transfer from an account held in the Client’s name, information concerning the delivery recipient or the economic origin of funds. MPC may carry out identity, payment and economic-coherence checks proportionate to risks of fraud, money laundering, terrorist financing, international sanctions or trafficking in goods.

For any transaction involving a work of art or object within the relevant statutory scope, or a series of linked transactions reaching the applicable regulatory threshold, including in particular EUR 10,000, MPC may in particular:

• identify and verify the Client, the payer and the person on whose behalf the transaction is carried out;
• assess the consistency of the source and destination of funds;
• request information concerning the provenance, ownership, destination or intended use of the Product;
• refuse payments from an unidentified third party or payments presenting an inconsistency;
• suspend or refuse the transaction where the required checks cannot be completed;
• retain documents and make any reports required by law.

MPC may refrain from disclosing information where disclosure is prohibited by law. A legitimate payment refusal, chargeback or dispute does not affect the Client’s rights. A fraudulent or abusive chargeback after delivery nevertheless constitutes non-payment and may result in recovery of the sums due and substantiated costs.

Displayed availability may relate to a Product held by MPC, a Product available from the artist, manufacturer or another Partner from whom MPC sources it, or a Product to be manufactured after the Order. This internal arrangement does not affect MPC’s status as seller. The agreed delivery date or period appears on the Product page, in the basket, confirmation or quotation. Where no date or period has been agreed, MPC delivers without undue delay and no later than thirty days after the contract is entered into.

For a bespoke Product, the delivery period runs from receipt of all elements and approvals required. Any delay attributable to the Client or any accepted change reasonably extends the timetable. In the event of a delay attributable to MPC, the Client has the rights provided by the French Consumer Code, including the right to require delivery within an additional reasonable period and then, where the statutory conditions are met, to terminate the contract. Shortages, material delays, transport incidents or subcontractor unavailability do not automatically constitute force majeure. MPC informs the Client and seeks an appropriate solution, without prejudice to the Client’s statutory rights.

10.1 Address and delivery arrangements

The Client must provide a complete, accessible and accurate address together with all information necessary for delivery. Before placing the Order, the Client must disclose any known constraints concerning access, lifts, parking, customs, appointments or installation. The Product may be prepared or shipped directly from an artist’s workshop, a manufacturer’s premises or those of a logistics Partner selected by MPC. That party participates in performance arranged by MPC and does not thereby become the seller of the Product. MPC remains the Client’s contractual seller and point of contact for rights arising from the sale.

10.2 Transfer of risk

Where MPC selects the carrier, the risk of loss or damage passes to the Client when the Client, or a third party designated by the Client, takes physical possession of the Product. Where the Client independently appoints a carrier not offered by MPC, risk passes in accordance with the applicable statutory rules.

10.3 Receipt and damage

The Client is invited to inspect the external condition of the parcel before accepting it, photograph the packaging before opening it, enter precise reservations on the carrier’s delivery document, retain all packaging and notify MPC as soon as possible and ideally within 48 hours of any damage, loss, substitution or missing item. These steps facilitate recourse against the carrier and insurer but do not deprive the Consumer of statutory rights against MPC.

10.4 Absence, incorrect address and re-delivery

Where delivery fails because of an incorrect address, repeated absence, failure to collect or an access issue attributable to the Client, reasonable and substantiated re-delivery charges may be invoiced. For a bulky, fragile or high-value Product, MPC may charge storage costs actually incurred after written notice to the Client and expiry of a reasonable period. The amount or method of calculation is communicated before the Order where the risk can reasonably be anticipated.

10.5 Installation, hanging and premium delivery

Installation, hanging, unpacking, custom crating, specialist transport or enhanced ad valorem insurance are charged where selected or necessary. Their scope and conditions are stated in the quotation. Optional insurance or premium delivery does not reduce MPC’s statutory obligations where MPC remains responsible for carriage.

11.1 Principle

For a distance or off-premises contract, the Consumer generally has fourteen days in which to withdraw without giving any reason. For a sale of goods, the period runs from receipt of the Product by the Client or a designated third party. Where several goods in the same Order are delivered separately, or where a single item is delivered in several lots or pieces, the period runs from receipt of the final good, lot or piece. For regular deliveries over a defined period, it runs from receipt of the first good. For a Service contract, it runs from the date the contract is entered into.

11.2 Exercise of the right

Before expiry of the applicable period, the Client may exercise the right of withdrawal:

• using the online function entitled “Withdraw from the contract here”, directly accessible at https://account.mypilotcollection.com/orders;
• using the model withdrawal form in the Appendix;
• or by any other unambiguous statement sent to contact@mypilotcollection.com or MPC’s postal address.

For contracts entered into through an online interface, the withdrawal function remains visible, easily and directly accessible throughout the withdrawal period. It enables the Client to identify the relevant contract, confirm the withdrawal using a function entitled “Confirm withdrawal” or equivalent unambiguous wording, and receive on a durable medium an acknowledgement reproducing, in particular, the content, date and time of the request. No prior authorisation is required. The Client must return the Product only to the return address communicated by MPC.

11.3 Return

The Client must return the Product without undue delay and no later than fourteen days after communicating the withdrawal. Unless MPC has stated that it will bear them, the direct return costs remain payable by the Client. For a Product which, by its nature, cannot normally be returned by post, the return cost or a reasonable estimate is communicated before the contract is entered into. The Product must be adequately protected and returned with its accessories, certificates and other items supplied. Absence of the original packaging does not automatically extinguish the right of withdrawal, but the Client is liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Product.

11.4 Refund

MPC refunds all sums received, including standard delivery charges, within the statutory period. Additional costs resulting from the Client’s choice of a more expensive delivery method are not refunded beyond the cost of standard delivery. MPC may withhold the refund until the Product has been recovered or the Client supplies evidence that it has been sent back, whichever occurs first. A refund following withdrawal is made using the same payment method as the original transaction unless the Consumer expressly agrees to another method that does not result in any fee.

11.5 Exceptions

The right of withdrawal may not be exercised, in the circumstances provided by law, in particular for:

• Products made to the Client’s specifications or clearly personalised;
• Services fully performed before the end of the withdrawal period where performance began with the Client’s prior express agreement, express request for early performance and acknowledgement that the right of withdrawal would be lost once the Service had been fully performed;
• digital content supplied without a tangible medium where performance began with the Client’s prior express consent and acknowledgement of the loss of the right of withdrawal;
• goods liable to deteriorate or expire rapidly;
• sealed goods which are not suitable for return for health-protection or hygiene reasons and have been unsealed;
• alcoholic beverages where the specific statutory conditions are met;
• leisure activities or Services to be provided on a specific date or during a specific period, where the statutory exemption applies.

The fact that a Product is manufactured after the Order, forms part of a limited series or is temporarily out of stock is not sufficient to exclude the right of withdrawal if it has not been personalised to the Client’s specifications.

11.6 In-person sales at fairs and exhibitions

A sale entered into in person at a stand, fair, exhibition or commercial venue is not, in principle, a distance or off-premises sale and does not, by that fact alone, give rise to a statutory right of withdrawal. The absence of a right of withdrawal is displayed and stated in the contractual documentation as required by the rules applicable to fairs and exhibitions. Statutory guarantees remain applicable.

11.7 Off-premises contracts

Where a contract is entered into at the Client’s home or premises in circumstances falling within the off-premises contract regime, the corresponding mandatory rules apply, including those concerning durable media, the right of withdrawal and, where applicable, the prohibition on receiving payment during the first seven days.

Mandatory guarantees
Exclusions from the right of withdrawal never exclude statutory guarantees. A customised Product, made-to-order Product or Product purchased at a fair remains covered by all applicable statutory guarantees.

Statutory notice concerning legal guarantees

Seller responsible for statutory guarantees: EI Léa CRUSEL - MY PILOT COLLECTION
Address: 38 rue Édouard Branly, 81000 Albi, France
Email: contact@mypilotcollection.com
Telephone: +33 7 60 03 92 51

The Consumer has a period of two years from delivery of the goods in which to invoke the legal guarantee of conformity where a lack of conformity appears. During this period, the Consumer is required to establish only the existence of the lack of conformity and not the date on which it arose.

Where the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to that digital content or digital service throughout the agreed supply period. During that period, the Consumer is required to establish only the existence of the lack of conformity affecting the digital content or digital service and not the date on which it arose.

The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the goods in conformity.

The legal guarantee of conformity entitles the Consumer to repair or replacement of the goods within thirty days of the request, free of charge and without significant inconvenience.

Where goods are repaired under the legal guarantee of conformity, the Consumer benefits from a six-month extension of the original guarantee period.

Where the Consumer requests repair but the seller requires replacement instead, the legal guarantee of conformity is renewed for a period of two years from the date on which the replacement goods are delivered.

The Consumer may obtain a reduction in the purchase price while retaining the goods, or terminate the contract and receive a full refund against return of the goods, where:

1. the professional refuses to repair or replace the goods;
2. repair or replacement takes place more than thirty days after the Consumer’s request;
3. repair or replacement causes significant inconvenience to the Consumer, including where the Consumer ultimately bears the cost of taking back or removing the non-conforming goods, or bears installation costs for the repaired or replacement goods;
4. the lack of conformity persists despite an unsuccessful attempt by the seller to bring the goods into conformity.

The Consumer is also entitled to a reduction in price or termination of the contract where the lack of conformity is so serious that an immediate price reduction or termination is justified. In that case, the Consumer is not required first to request repair or replacement.

The Consumer is not entitled to terminate the sale where the lack of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until the repaired or replacement goods are delivered.

The rights described above arise from Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who, in bad faith, obstructs implementation of the legal guarantee of conformity may incur a civil fine of up to EUR 300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).

The Consumer also benefits from the statutory warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code for a period of two years from discovery of the defect. This warranty entitles the Consumer either to a reduction in price while retaining the goods or to a full refund against return of the goods.

Where MPC markets digital content or a digital service subject to a separate statutory model notice, the corresponding notice required by the French Consumer Code is provided in the specific terms applicable to that content or service.

12.1 Legal guarantee of conformity

MPC is liable for any lack of conformity existing at the time the Product is delivered and appearing within the statutory period. The Client may request that the Product be brought into conformity by repair or replacement, free of charge and without significant inconvenience, in accordance with the French Consumer Code.

Where repair or replacement is impossible, refused, late, disproportionate or does not remedy the lack of conformity in the circumstances provided by law, the Client may obtain a price reduction or termination of the contract, except where the defect is minor and does not justify termination.

Claims under the legal guarantee may be sent to contact@mypilotcollection.com. Where the guarantee applies, MPC may arrange inspection, collection or return of the Product at MPC’s expense.

For goods incorporating digital elements, updates or digital content, the specific applicable conformity rules are observed.

12.2 Second-hand goods

For second-hand goods, the expressly described condition, age, restorations, signs of use and characteristics are taken into account when assessing conformity. Disclosed and normally expected wear does not, by itself, constitute a lack of conformity. For second-hand goods, any lack of conformity appearing within twelve months after delivery is presumed to have existed at the time of delivery, unless proved otherwise or unless that presumption is incompatible with the nature of the goods or of the alleged defect. The legal guarantee of conformity remains applicable for two years from delivery.

12.3 Warranty against hidden defects

The Client also benefits from the warranty against hidden defects under Articles 1641 et seq. of the French Civil Code. The Client may choose either to return the Product and obtain a refund of the price, or to retain the Product and obtain a reduction of the price, in accordance with the law. Proceedings must be brought within two years from discovery of the defect, without prejudice to any other applicable time limits.

12.4 Legitimate exclusions

The guarantees do not cover deterioration resulting from an accident occurring after delivery, misuse, installation not complying with the instructions or negligently carried out by a third party, failure to follow instructions, inadequate maintenance, alteration by a third party or normal wear and tear. The burden of proof and the Client’s rights remain governed by law.

13.1 Certificate

Where a certificate is stated on the Product page, quotation or Special Terms to accompany the Product, it is supplied with the work or in accordance with the agreed arrangements. A certificate prepared or signed by the artist attests, under the artist’s responsibility and within the limits of its contents, in particular to the artist’s identity, the original or multiple nature of the creation, its technique, materials, dimensions, date, edition size and numbering, without prejudice to MPC’s obligations to the Client as seller.

Where MPC signs or countersigns the certificate, its signature attests by default to:

• the commercial identity of the transaction;
• the Product reference;
• the date of sale;
• MPC’s identity as contractual seller;
• consistency between the document and the information and supporting evidence available to MPC.

MPC is responsible for the characteristics, classifications and information concerning the work that it presents as certain in the Product page, quotation, certificate or any other contractual document. Unless expressly stated otherwise, MPC’s signature or countersignature does not constitute an additional independent expert appraisal of the work.

Terms concerning authorship and authenticity are used in accordance with their legal meaning. Where relevant, a distinction is made in particular between a work described as being “by” an artist, “attributed to” an artist, from the “workshop of” an artist, from the “school of” an artist, “in the taste of”, “style of”, “manner of”, “genre of”, “after” or “in the style of” an artist, and the mere presence of a signature or stamp. Any known reservation concerning attribution or authenticity is expressly disclosed. Any facsimile, cast from an existing work, copy or other reproduction is identified as such in accordance with the applicable rules.

The fact that a certificate has been issued or signed by the artist does not make the artist the seller vis-à-vis the Client. Where the certificate reveals the identity of an artist whose identity was not published in the listing, that disclosure is made solely for purposes of identification, authenticity, traceability or documentation of the work and does not change the identity of the contractual seller, which remains MPC.

13.2 Ownership, provenance and checks

MPC obtains from the artist, supplier, owner or any other Partner from whom it acquires or commissions the Product statements and warranties concerning ownership, the right to market and sell the Product, authenticity where such authenticity is represented, and the accuracy of provenance information supplied. The Partner states in particular that, to the Partner’s knowledge, the Product is neither stolen, claimed by a third party nor encumbered by a right preventing its transfer.

“Provenance” means the documented history of the work or object; it may be complete, partial or unknown. MPC presents provenance as certain only where supported by sufficiently reliable evidence.

Where justified by the Product’s value, age, origin or cross-border movement, MPC may request any useful supporting documents, including previous invoices or deeds of transfer, certificates, inventories, succession documents, exhibition history, import or export authorisations and evidence of lawful export from the country of origin.

Where a serious uncertainty arises concerning ownership, provenance or lawful circulation of the Product, MPC may suspend the Order while the necessary checks are carried out. If delivery becomes legally impossible, the sale is terminated and the amounts paid by the Client are refunded, without prejudice to MPC’s remedies against the relevant Partner.

13.3 Condition, restoration and patina

An antique, second-hand or restored object may display patina, signs of use, repairs, replacements, oxidation, discolouration or other disclosed characteristics. Those features are assessed by reference to the Product page, photographs and, where applicable, a condition report.

13.4 Handcrafted and natural variations

The Client acknowledges that wood, leather, stone, metal, resin, glass, textiles, paints, repurposed automotive components and handmade materials may display natural or handcrafted variations, including:

• grain, knots, pores, marbling, patina and tonal variations;
• slight differences in colour, gloss, texture or stitching;
• traces of manual workmanship, minor irregularities and differences between copies;
• reasonable tolerances in dimensions, weight or positioning disclosed on the Product page or in the quotation;
• natural evolution of materials over time or through exposure to light, humidity or normal use.

Such variations do not constitute a defect where they are inherent in the material or process, remain within the disclosed tolerances and do not affect safety, use or an agreed essential characteristic.

14.1 Purchase of the physical object

The purchase of a work, object or prototype transfers ownership only of the physical object, subject to full payment. It does not transfer any right of reproduction, public display or communication, adaptation, publication, manufacture, digitisation, commercial communication or creation of derivative works. Copyright, design rights, trade mark rights and other intellectual property rights remain vested in their respective owners.

MPC may assign or license to the Client only those rights that MPC itself holds or has been expressly authorised by the relevant owner to assign or sublicense. Any assignment or licence must be in writing and separately identify the relevant rights together with their scope, purpose, authorised media and uses, territory, duration, any exclusivity and the corresponding remuneration.

No right may be inferred solely from payment for the Product or from delivery of a certificate, drawing, rendering, prototype or file.

14.2 Automotive trade marks and affiliations

Unless expressly and verifiably described as an “official product”, “licensed product” or equivalent, an independent artistic creation referring to a manufacturer, model, silhouette, livery, competition or automotive universe is not represented as manufactured, approved, sponsored, commissioned or licensed by the relevant rights holder.

Any names or references used are intended only to identify the subject or inspiration of the creation within the limits permitted by law. Purchase of the Product does not grant the Client any right to reproduce, adapt, market or otherwise exploit trade marks, logos, designs, models, shapes or other third-party elements.

A statement that no affiliation exists does not itself constitute legal authorisation and does not neutralise the rights of a manufacturer or other rights holder. In the event of a serious claim, counterfeiting risk, prohibition on marketing or inability to obtain required authorisations, MPC may, taking into account the stage reached and the Client’s rights:

• remove the relevant Product page or promotional materials;
• adapt the presentation or certain characteristics of the Product with the Client’s agreement where the adaptation is substantive;
• suspend performance while checks are carried out;
• or cancel the Order before delivery and refund amounts received where no reasonably lawful solution is available, without prejudice to the Client’s other statutory rights.

14.3 Materials supplied by the Client

The Client warrants that it holds all rights and authorisations required in relation to names, logos, photographs, files, models, trade marks, liveries, text and other materials that the Client requests to be incorporated. The Client authorises MPC and its Partners to use those materials solely for performance of the Order. MPC may refuse any unlawful, infringing, defamatory, discriminatory, dangerous or otherwise rights-infringing content.

The Client must use the Product in accordance with its intended purpose, warnings and instructions. Decorative objects, sculptures, parts originating from vehicles and prototypes are not intended to be installed on a vehicle or used as functional vehicle parts unless expressly stated and appropriately certified. The Client must ensure suitable conditions for installation, fixing, load-bearing, electrical supply, ventilation, temperature, humidity, sun exposure and maintenance.

For children’s products, jewellery, electrical devices, heavy objects or food products, any stated age and safety restrictions are mandatory. Where alcoholic beverages are offered, sale is restricted to persons meeting the applicable legal age requirement. MPC may verify age and refuse the sale or handover. Alcohol abuse is dangerous to health; consume in moderation.

The Client undertakes not to remove, conceal or alter warnings, references, batch numbers, serial numbers or safety markings affixed to the Product. In the event of an alert, withdrawal or recall, the Client must cooperate reasonably with MPC, stop use when instructed and refrain from reselling or transferring the Product for as long as the safety measure remains in force.

MPC is responsible for proper performance of the obligations arising from the contract in accordance with the law. Nothing in these Terms is intended to exclude or restrict any mandatory Consumer right.

MPC is not liable for damage exclusively attributable to the Client, to a third party wholly unconnected with performance of the contract, or to an event of force majeure meeting the statutory conditions. MPC is not responsible for professional, industrial, sporting, road-going, medical or safety-critical use that was not expressly contemplated and approved in the Special Terms.

MPC is not responsible for content or services offered on independent third-party websites to which the Website may contain a link where the Client, acting on its own initiative, chooses to enter into a transaction entirely separate from the Order placed with MPC.

For sales governed by these Terms, an artist, craftsperson, manufacturer, logistics provider or other Partner to whom MPC entrusts all or part of the creation, manufacture, preparation, shipment, installation or performance of the Order is not treated as a third party unconnected with performance of the contract for the purpose of limiting MPC’s obligations. Use of such a Partner does not reduce MPC’s obligations to the Client as seller.

17.1 Personal data

MPC processes personal data required to manage enquiries, quotations, Orders, payments, deliveries, guarantees, safety, legal obligations and customer relations. The purposes, legal bases, retention periods, recipients and data-subject rights are set out in the Privacy Policy.

17.2 Direct marketing

MPC may send the Client commercial communications by email, SMS, telephone, post, messaging service or any other lawful channel, in compliance with the rules applicable to each form of marketing. Where the Client’s prior consent is required, including for certain electronic or telephone marketing, MPC carries out the solicitation only after obtaining consent in accordance with the applicable law. The Client may withdraw consent or object to marketing at any time, easily and free of charge.

Where permitted by law, MPC may also send existing Clients communications concerning Products or Services similar to those previously purchased, provided that the Client is given the opportunity to object when contact details are collected and in every communication. Telephone solicitation is subject to the specific rules in force and, except for applicable statutory exceptions relating to an existing contract, requires the Client’s prior consent. MPC discloses the Client’s contact details to Partners for their own marketing purposes only where the statutory conditions for such disclosure are met.

17.3 Reviews

Where MPC publishes reviews, it states whether the reviewer has been verified as a purchaser, the principal verification procedures, ranking criteria, publication date and the grounds on which a review may be rejected or removed. Unlawful, abusive, defamatory, discriminatory, promotional or irrelevant reviews may be moderated.

18.1 Prior complaint

Any complaint must be sent to contact@mypilotcollection.com or by post to MPC, 38 rue Édouard Branly, 81000 Albi, France, stating the Client’s contact details, Order reference, relevant facts, supporting documents and the remedy sought.

18.2 Consumer mediation

In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. of the Consumer Code concerning the amicable settlement of disputes: Where a consumer has submitted a written complaint to the trader and has not received a satisfactory resolution or a response within two months, they may submit their complaint free of charge to the consumer ombudsman. The case must be referred to the mediator within a maximum of one year from the date of the initial complaint.

The MCP MEDIATION mediator, under whose jurisdiction MPC falls, may be contacted directly online at the following address: www.mcpmediation.org or by post
MÉDIATION DE LA CONSOMMATION et PATRIMOINE - 12 Square Desnouettes - 75015 PARIS

The request must be submitted in accordance with the mediator’s terms and time limits. Recourse to mediation does not deprive the Customer of their right to bring the matter before a court.

18.3 Governing law and jurisdiction

The contract is governed by French law, without depriving a Consumer residing in another State of any mandatory provisions of the law of that State that are more protective and cannot lawfully be derogated from. In the event of a dispute, the Client may bring proceedings before any court having jurisdiction under the applicable rules, including the courts of the Client’s domicile where the applicable law so permits.

If any provision is held to be void, unlawful or unenforceable, the remaining provisions remain in force. The Parties will seek a valid provision producing an economic effect as close as possible to that of the affected provision.

Failure by MPC to exercise a right immediately does not constitute a waiver of that right.

MPC may amend these Terms for the future. The version applicable to an Order is the version accepted when the Order is entered into.

19.1 Unique identifiers under Extended Producer Responsibility

Where MPC qualifies as a producer for the purposes of an applicable Extended Producer Responsibility (“EPR”) scheme, its applicable unique identifiers are as follows:

• packaging: upcoming.
• electrical and electronic equipment:upcoming.
• furniture: upcoming.
• textiles, household linen and footwear: upcoming.
• batteries: upcoming.
• other applicable scheme: upcoming.

In the event of translation, the French version prevails to the extent permitted by any applicable mandatory rules.