Terms & Conditions

(September 2022 version)

RECITALES

ABOUT US :

Welcome to the MEGA 404 website. This website is administered by BAM! PRODUCTIONS, a company registered at the Registre du Commerce et des Sociétés of Paris under the number 883 656 597 and whose headquarter is located at 8 b Rue Abel – 75012, PARIS 12, FRANCE (Hereafter called the « Seller« ).

The present Terms of Sale (« Terms« ), and all documents to which they may refer, constitute a contract between BAM! Productions and any individual or legal entity purchasing an NFT MEGA 404 (hereinafter the « Customer« ).

By purchasing one or more NFTs, you acknowledge that you have read, accepted, and are contractually bound by these Terms. We therefore invite you to read them carefully, especially as they enshrine your rights and obligations.

DEFINITIONS :

Words beginning with a capital letter in the Contract, whether used in the singular or plural, shall have the meanings set forth below.

« Purchase »	Refers to the acquisition of an NFT by a Customer.
« Blockchain »	Designates the technology on which the MEGA 404 is based; database containing the history of all exchanges between users since its creation thanks to a cryptographic system.
« Terms »	Refers to the present Terms of Sale, agreement who established access modality and use of the Website exclusively applicable in case of acquisition of NFT via the Website.
« Costumer »	Refers to any person, physical or legal, who purchases one or more NFTs through the Website.
« NFT » or « MEGA 404 » or « Products »	Refers to the non-fungible tokens offered for sale through the Website from the MEGA 404 collection.
« Order »	Refers to the process by which a Customer buys an NFT through the Website.
« Crypto-currencies »	Refers to virtual currencies, digital assets used as currency of exchange referred to in 2° of Article L.54-10-1 of the French Monetary and Financial Code.
« Transaction »	Refers to the operation by which the NFT is transferred to the Customer’s Wallet
« Wallet »	Refers to the secure digital wallet on which the Costumer keeps its digital assets, which can be used for the acquisition of NFT.
« Website »	Refers to the website accessible from: https://www.mega404.com
« Seller »	Refers to BAM! PRODUCTIONS.

PREAMBLE

A) The Company BAM! PRODUCTIONS is currently developing a cartoon whose various characters will be part of « MEGA 404 » NFT collection(s).

B) MEGA 404 NFTs are not financial instruments. The purchase of one or more MEGA 404 NFTs should not be considered as an offer and/or sale of any security or financial contract.

C) The company BAM! PRODUCTIONS will issue the MEGA 404 through the Internet Site.  

D) The Purchaser who buys one or more NFT MEGA 404 acknowledges having read and accepted the present Terms.

The Parties agree as follows: 

ARTICLE 1 – SCOPE

These Terms apply, without restriction or reservation, to all Customers wishing to purchase an NFT for sale on the Website. They specify the terms and conditions for ordering, paying for and delivering NFTs.

These Terms are accessible at any time on the Website and will prevail over any other version or any other contradictory document. The modifications of these Terms are opposable to the Costumer from the moment they are put online and cannot apply to the transactions concluded previously.

As these Terms may be subject to subsequent modifications, the version applicable to the Costumer is the one in force on the Web Site at the date of the Order. 

Changes to these Terms shall be binding on the Costumer as of the date they are posted on the Website and shall not apply to transactions entered previously. 

Each Costumers declares that he has read these Terms and accepted them before any Transaction. By accepting, the Costumer acknowledges that he has received sufficient information from BAM! PRODUCTIONS through the Website, ensuring that the content of the Transaction was in accordance with his expectations. 

Should nothing proof the contrary, the information recorded by the Website constitutes proof of acceptance of the Transaction.

By purchasing an NFT, the Costumer acknowledges that he is at least 18 years of age meaning he has the legal capacity to enter into any agreement with BAM! PRODUCTIONS under the law of his country or represents, by virtue of a valid power of attorney, the person for whom he is entering into the contract.

Finally, the Costumer is duly informed that MEGA 404 will be available on the secondary market through websites administered by third parties (e.g.: https://opensea.io/). In this case, the general terms of sale of these platforms will prevail over these Terms.

ARTICLE 2 – PRODUCTS

The Products offered for sale on the Website are NFT from the MEGA 404 collection.

The MEGA 404 are 4 404 unique non-fungible tokens offered for sale through the Website.

The main features of the Products, including specifications, illustrations, and capacity indications of the Products, are presented on the Website. Nevertheless, each MEGA 404 is unique and will be revealed at an ulterior date, after the Transaction. Therefore, the photographs and graphics presented on the Website are not contractual and BAM! PRODUCTIONS cannot be held responsible for them. The Costumer is required to read them before placing an order.

The acquisition of an NFT is the sole responsibility of the Costumer.

The Costumer shall refer to the description of the collection in order to know the properties, the essential features and the conditions of the Order.

The contractual information is presented in French and English. It is subject to acceptance at the latest at the time of validation of the order by the Costumer.

ARTICLE 3 – VALIDITY OF THE PRODUCT OFFER

Products are available in limited quantity, as specified when the order is placed. 

Once stock is depleted, Costumer may purchase NFTs on the secondary market on third party websites.

ARTICLE 4 – ORDERS

4.1 – Price 

The Costumer is duly informed that a crypto asset is not a legal tender. The price of NFT is subject to frequent variations and its value is extremely volatile. Thus, BAM! PRODUCTIONS will not be held responsible for any variation in the price of NFTs or any loss of value suffered by the Costumer because of such variation.

Payment for NFTs is made through virtual currencies. The price for an NFT is expressed in the reference virtual currency, Ethereum (ETH) or any other virtual currency accepted by the platform on which the NFTs are offered for sale. NFTs are sold at the price displayed by the Website at the time of the Transaction.

Costumer is duly informed that additional fees (network fees or « gas fees ») are added to the price of the NFT. These Transaction fees are exclusively determined and charged by a Third-Party Website on which NFTs are purchased. Costumer acknowledges that it is aware of the existence of these transaction fees and that it accepts their amount before proceeding to payment.

4.2 – Royalties 

In the event of a resale of the NFT, the Costumer is informed that an additional fee, equivalent to 7,5%  of the resale price (excluding gas fees), will be charged to the buyer by MEGA 404.

4.3 – Method of payment

The Costumer is duly informed that the purchase of MEGA 404 on the secondary market is done through third party websites (in particular: https://opensea.io/).

Transaction fees and payment methods are determined entirely by the third-party website and may change at any time. BAM! PRODUCTIONS cannot, under any circumstances, be held responsible for any damages caused by the third-party website.

4.4 – Quantity

As the MEGA 404 collection is limited to 4 404 NFT, the acquisition of NFT will be limited to 1 NFT per Wallet.

BAM! Productions reserve the right to build other separate NFT collection(s) relative to MEGA 404.

SECTION 5 – ACCEPTANCE OF RISKS 

Before purchasing NFTs you must carefully ensure that you understand the significant risks involved in buying, selling, or trading crypto-assets, as well as any project based on the blockchain. 

YOU HAVE THE TECHNICAL KNOWLEDGE TO UNDERSTAND HOW THE SALE OF NFT WORKS AND HOW TO STORE THESE ASSETS IN A DIGITAL WALLET.

YOU ARE AWARE OF THE VOLATILITY OF THE CRYPTO-ASSET MARKET. PRICES CAN CHANGE UNPREDICTABLY AND ABRUPTLY, WHICH CAN CAUSE THE VALUE OF YOUR NFT TO FALL OR RISE SUDDENLY. 

YOU ACKNOWLEDGE AND AGREE THAT SUCH PRICE VOLATILITY MAY RESULT IN SIGNIFICANT LOSSES OVER A VERY SHORT PERIOD OF TIME, OR EVEN THE TOTAL LOSS OF VALUE OF YOUR ASSETS. 

Furthermore, the Seller does not provide any guarantee of liquidity for the MEGA 404 NFTs, nor does it guarantee the existence of a secondary market. 

You should evaluate your financial situation before purchasing NFTs and be aware of the high risks associated with this purchase

ARTICLE 6 – RESPONSABILIITY LIMITATION 

The Costumer is duly informed that BAM! PRODUCTIONS‘s role is only to provide an interface between the Costumer and a decentralized Blockchain (Ethereum) over which BAM! PRODUCTIONS has no control or power. The Costumer acknowledges that they are fully responsible for the security and management of their crypto-assets and in particular the crypto-assets of their Wallets.

By agreeing to these Terms, the Costumer acknowledges that BAM! PRODUCTIONS bears no responsibility or accountability for the governance and information on the Ethereum Blockchain, or any other Blockchain or network to which the Costumer chooses to connect, send money, or interact.

In providing this service, BAM! PRODUCTIONS is subject to an obligation of means, in no case to an obligation of result.

The risk resulting from the use of the service by the Costumer remains at his exclusive charge. In no event, to the extent permitted by applicable law, shall BAM! PRODUCTIONS be liable for any of the following:

The unsuitability of the services provided to the Costumer’s needs or to a specific purpose pursued in using the services ;

• Clumsiness or mistake of the Costumer during the Transaction ;

• The loss, deletion, deterioration, fraudulent use or alteration of all or part of the equipment or contents (including hardware and software, files, authentication identifiers, information, data, applications, programs) belonging to the Costumer or under his responsibility, in particular those processed in computer databases independently of the intervention of BAM! PRODUCTIONS, whether by the Costumer or any other third party ;

• The failure of the Transaction caused by a malfunction of the Ethereum network.

ARTICLE 7 – TRANSFER OF OWNERSHIP

The acquisition of an NFT by the Costumer implies the transfer of ownership of the digital asset registered on the Ethereum Blockchain. It does not imply the transfer of the copyrights attached to the work associated with the NFT. Thus, it is not possible for the Costumer to exploit the work associated with the NFT for commercial purposes.

The Costumer is free to use the NFT for personal purposes. In particular to use it as an avatar or profile picture on social networks or other media, or as a decoration.

The transfer of ownership occurs concurrently with the Transaction, when the NFT is transferred on the Costumer’s Wallet.

The Costumer is free to resell the NFT in turn, at the price he determines (to which will be added the 7.5% resale right borne by the buyer) on a third-party website provided for this purpose.

Ownership of the NFT is governed by a smart contract, which is operated by the Ethereum network. BAM! PRODUCTIONS does not have the ability to cancel, reverse, or in any way alter a transaction or ownership once the transaction has been completed.

ARTICLE 8 – INTELLECTUAL PROPERTY

The content of the Website is the exclusive property of BAM! PRODUCTIONS and its partners and is protected by French and international laws relating to intellectual property. 

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

ARTICLE 9 – PRE-CONTRACTUAL INFORMATION

The fact that an individual or a legal entity places an order on the Website implies full and complete acceptance of these Terms and Conditions of Sale, which is expressly recognized by the Costumer, who waives, in particular, the right to take advantage of any contradictory document, which would not be binding on BAM! PRODUCTIONS.

ARTICLE 10 – VOID PROVISIONS

If any provision of this Agreement is determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this Agreement, and all such other provisions shall remain in full force and effect.

ARTICLE 11 – FORCE MAJEURE

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described herein results from a case of force majeure, as defined in the Article 1218 of the French Civil Code.

ARTICLE 12 – APPLICABLE LAW – LANGUAGE

The present Terms and the operations resulting from them are governed by French law. 

They are written in French and English. In the event of a dispute, the French text will take precedence over the English version for the interpretation of the Terms.

ARTICLE 13 – MEDIATION

In case of dispute arising between BAM! PRODUCTIONS and a Customer, the latter commits himself informing the customer service at the following address: [email protected] by taking care to specify his co-ordinates and to provide any information allowing to appreciate the origin and the implications of the litigation.

The Costumer may also contact the European Commission’s online dispute resolution service at the following address: ec.europa.eu/consumers/odr.

ARTICLE 14 – DISPUTE

ALL DISPUTES TO WHICH THE TRANSACTIONS CONCLUDED IN APPLICATION OF THE PRESENT TERMS COULD GIVE RISE, CONCERNING BOTH THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR TERMINATION, THEIR CONSEQUENCES AND THEIR CONSEQUENCES WILL BE SUBMITTED TO THE COMPETENT FRENCH COURTS UNDER THE CONDITIONS OF FRENCH LAW.

The Costumer can also contact the online dispute resolution service of the European Commission at the following address: https://ec.europa.eu/consumers/odr.