Between JYXYER Co., Ltd., 1-37-15 Ozenji-higashi, Asao-ku, Kawasaki-shi, Kanagawa-ken JAPAN, with the Capital Social of 3 million Japanese yen, registered in Japan under the number 6020002101747, represented by Mr. Michio Jibiki, in Manager, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the "about" page of the site. Hereinafter the "Seller" or the "Company".
On the one hand, And the natural or legal person proceeding to the purchase of products or services of the company, Hereinafter, "the Buyer", or "the Customer" On the other hand, It was exposed and agreed what follows:
The Seller is a publisher of products and services for teas and infusions exclusively for consumers, marketed through its websites (http: //zenjiro.jp). The list and the description of the goods and services proposed by the Company can be consulted on the aforementioned sites.
Article 1: Purpose and General Provisions
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
These General Conditions of Sale (GTC) apply to all sales of Products, made through the Company's websites which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GSC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These General Terms and Conditions are available on the Company's website at the following address: http:// zenjiro.jp. The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares that he / she has read all of these General Terms and Conditions of Sale and, where applicable, special Conditions of Sale related to a product or service, and accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to contract legally under Japan law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Price
The prices of the products sold through the Internet sites are indicated in Euros including VAT (VAT + other possible taxes) except specific shipping costs and precisely determined on the pages of descriptions of the Products. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company's websites are the responsibility of the Customer. If applicable, also the delivery costs.
Article 3: Conclusion of the contract on line
The Customer must follow a series of steps specific to each Product offered by the Seller to fulfill his order. However, the steps described below are systematic:
➢ Information on the essential characteristics of the Product;
➢ Choice of the Product, if any of its options and indication of the essential data of the Customer (identification, address ...);
➢ Acceptance of these General Terms of Sale.
➢ Verification of the elements of the order and, if necessary, correction of errors.
➢ Followed instructions for payment, and payment of products.
➢ Delivery of products.
The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. For delivered products, this delivery will be made to the address indicated by the Customer. For the purpose of order fulfillment, based on the same conditions as Article 1316-1 of the Civil Code, the Customer undertakes to provide its truthful identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Products and Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract.
The Seller agrees to honor the Customer's order within the limit of available Products only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. Based on the same conditions as French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Products' offer and their prices is specified on the Company's websites, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only to the natural person signing the order (or the person with the email address provided). In accordance with the legal provisions on compliance and hidden defects, the Seller refunds or exchanges the defective products or not corresponding to the order. The refund can be requested in the following way: Meaning by mail or telephone, the return is borne by the customer.
Article 5: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 6: Terms of delivery
The products are delivered to the delivery address that was indicated during the order and the time indicated. This time does not take into account the time of preparation of the order. In case of delay of shipment, a message will inform you and you will have the possibility to cancel your order. In case of late delivery, the Customer has the opportunity to resolve the contract in the same terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller proceeds to refund the product and expenses "go "Under the conditions of same as Article L 138-3 of the Consumer Code. The Seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email to track the order. The Seller reminds that at the moment when the Customer hangs physically the products, the risk of loss or damage of the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In case of unavailability of an item for a period exceeding 10 working days, you will be immediately notified of the foreseeable delivery times and the order of this article may be canceled on request. The Customer may then request a credit for the amount of the item or its refund.
Article 8: Payment
Payment is due immediately upon order, including pre-order products. The Customer can pay by credit card. Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa). Secure online payment by card bank is carried out by our payment provider. The information transmitted is encrypted in the state of the art and can not be read during transport on the network. Once the payment has been initiated by the Client, the transaction is immediately debited after verifying the information. Based on the same conditions as Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or inability to debit the card, the Sale is immediately resolved by right and the order canceled.
Article 9: Withdrawal period
Based on the same conditions as Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except, where applicable, return costs. "The period mentioned in the preceding paragraph runs from receipt for goods or acceptance of the offer for services". The right of withdrawal can be exercised by contacting the Company by mail or phone. We inform Customers that based on the same conditions as Article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for consumer products.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be refunded, the cost of return will be borne by the Customer. Product returns are to be made in their original condition and complete (packaging, accessories, instructions ...) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
Based on the same conditions as the legal provisions, you will find below the standard form of withdrawal to send to the following address: JYXYER Co., Ltd., 1-37-15 Ozenji-higashi, Asao-ku, Kawasaki-shi, Kanagawa-ken JAPAN.
Refund procedure: refund by credit card directly in the bank.
Article 10: Guarantees
According to the law, the Seller assumes two guarantees: of conformity and relating to the hidden defects of the products. The Seller reimburses the buyer or exchanges the products apparently defective or not corresponding to the order made.
The request for reimbursement must be made as follows: refund by credit card directly to the bank.
The Seller recalls that the consumer:
- has a period of 2 years from the delivery of the goods to act with the Seller
- he can choose between the replacement and repair of the property subject to the conditions provided by the art. apparently defective or not corresponding
- that there is no need to prove the existence of the lack of conformity of the good during the six months following the delivery of the good.
- that, except second-hand goods, this period will be extended to 24 months from March 18, 2016
- that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of same as Article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction of the selling price (provisions of articles 1644 of the Civil Code).
Article 11: Complaints
In this case, the Buyer may submit any complaint by contacting the company using the following contact details: email@example.com.
Article 12: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or more generally any object of intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Force majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: nullity and modification of the contract
If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
Article 15: Protection of personal data
Based on the same conditions as the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify the personal data about you. By adhering to these general conditions of sale, you agree that we collect and use this data for the realization of this contract. By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. Simply click on the link at the end of our emails.
Article 16 Limitation of Liability
It is stipulated a limit of liability of the Seller for the realization of the service at 50 euros.
Article 17: Applicable Law
All the clauses appearing in these general conditions of sale, as well as all the operations of purchase and sale which are aimed at, will be subjected to the Japan right.