Terms of sale

ARTICLE 1 - Scope of application

The present General Terms and Conditions of Sale apply, without restriction or reserve, to all sales concluded by Japandistore® ("the Vendor") with consumers and non-professional buyers ("the Clients or the Customer"), wishing to acquire the products offered for sale by the Vendor ("the Products") on the japandistore.com website.

In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

These General Terms and Conditions of Sale may be supplemented by special terms and conditions, set out on the website, prior to any transaction with the Customer.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible at all times on the japandistore.com website and shall prevail, where applicable, over any other version or any other contradictory document.

As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.

ARTICLE 2 - Products offered for sale

The Products offered for sale on the japandistore.com website are as follows:

• Furniture
• Decoration
• Lighting

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the japandistore.com website.

It is the Customer's responsibility to read them before placing an order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the japandistore.com website are not contractual and do not engage the responsibility of the Vendor.

The Customer must refer to the description of each Product in order to know its properties, essential features and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.

Contractual information is presented in the French language and is confirmed at the latest when the order is validated by the Customer.

ARTICLE 3 - Period of validity of the Product offer

Product offers are subject to stock availability, as specified when the order is placed.

ARTICLE 4 - Seller's contact details

The Vendor's contact details are as follows:

Japandistore® by ECOM ARCANES : 66 avenue des Champs-Élysées 75008 Paris

contact@japandistore.com

In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has the right to access, rectify, oppose, delete and port all of his or her personal data at any time by writing, by post and providing proof of identity, to the Vendor's address, mentioned above.

Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.
The Customer acknowledges having the capacity required to contract and purchase the Products offered on the japandistore.com website.

ARTICLE 5 - Orders

5-1 . Placing an order

It is the Customer's responsibility to select the Products he/she wishes to order on the japandistore.com website, according to the following procedures:

The Customer has the opportunity to check the details of his/her order, its total price and to correct any errors before confirming his/her acceptance. It is the Customer's responsibility to check the accuracy of the order and to report or rectify any errors immediately.

The registration of an order on the japandistore.com website is completed when the Customer accepts the present Terms and Conditions of Sale by ticking the appropriate box and validates the order. This validation implies acceptance of the entirety of these General Terms and Conditions of Sale, as well as the general terms and conditions of use of the japandistore.com website.
The sale is final only after the Vendor has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay, and after the Vendor has collected the full price and the full deposit due.

Any order placed, validated by the Customer and confirmed by the Vendor, under the conditions and according to the methods described above, on the japandistore.com website constitutes the formation of a contract concluded remotely between the Customer and the Vendor.

In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

Customers may track the progress of their orders on the japandistore.com website under the heading "Order tracking".

The Seller does not intend to sell the Products on the japandistore.com website to professionals, but only to consumers or non-professionals, for their personal needs.

The Vendor therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than 10.
5-2 . Order modification

Any modifications to the order made by the Customer will only be taken into account by the Vendor within the limits of its possibilities and on condition that they are notified by e-mail to the following address: contact@japandistore.com to the Vendor at least 2 days before the date scheduled for dispatch of the order.

In the event that such modifications cannot be accepted by the Vendor, any sums paid by the Customer at the time of placing the order will be refunded within a maximum period of 15 days from notification of the impossibility of accepting the modifications requested by the Customer (unless the Customer prefers to benefit from a credit note or an exchange).

5-3 . Order cancellation
Orders may be cancelled by the Customer, except in the event of withdrawal or force majeure, at least 2 days before the date scheduled for delivery of the Products ordered, at no cost to the Customer.

In the event of cancellation of the order by the Customer after its acceptance by the Vendor less than 3 days at least before the date scheduled for the supply of the Products ordered, for any reason whatsoever other than the exercise of the right of withdrawal or force majeure, the deposit paid at the time of ordering, as defined in the article "Terms of payment" of the present General Terms and Conditions of Sale, shall be automatically acquired by the Vendor and may not give rise to any reimbursement whatsoever.

ARTICLE 6 - Prices

Products are supplied at the prices in force on the japandistore.com website, at the time the order is registered by the Vendor. Prices are expressed in USD and include VAT.

Prices take into account any discounts granted by the Seller on the japandistore.com website.

These prices are firm and non-revisable during their period of validity, as indicated on the japandistore.com website, the Seller reserving the right, outside this period of validity, to modify prices at any time. Prices include processing, shipping, transportation and delivery costs.

The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.

ARTICLE 7 - Terms of payment

The price is payable in cash, in full, on the day the order is placed by the Customer, on the day the order is dispatched by the Vendor, on the day the Products ordered are delivered, by means of secure payment, using the following methods:

By credit card: Carte Bancaire, Visa, MasterCard, American Express, Maestro
Paypal
By telephone: Apple Pay, Google Pay, Shop Pay
Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.

ARTICLE 8 - Delivery

Products ordered by the Customer will be delivered in mainland France and abroad within 8 to 18 days from dispatch of the order - the dispatch time indicated on the Product sheet plus the processing and delivery time - to the address indicated by the Customer when placing the order on the japandistore.com website.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.

Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.

The Vendor undertakes to use its best efforts to deliver the products ordered by the Customer within the times specified above. However, these delivery times are given as an indication only. If the Products ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

In the event of non-conformity of the Product delivered, the Vendor undertakes to remedy the situation or reimburse the Customer, as indicated in the article - "Vendor's liability - Guarantee".

The Seller assumes the risks of transport and is obliged to reimburse the Customer in the event of damage caused during transport.

Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering, and to which the carrier has easy access.

ARTICLE 9 - Transfer of ownership - Transfer of risks

The transfer of ownership of the Vendor's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.

ARTICLE 10 - Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen days (14 days at the most following communication of the decision to withdraw) following notification to the Vendor of the Customer's decision to withdraw.

Returns are to be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be returned.

The right of withdrawal may be exercised online, using the withdrawal form available on the japandistore.com website, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Vendor, or any other unambiguous statement expressing the wish to withdraw.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the cost of delivery will be reimbursed; the cost of returning the Product(s) will be borne by the Customer.

Reimbursement will be made within fourteen days (maximum 14 days) of notification to the Vendor of the decision to withdraw.

ARTICLE 11 - Seller's liability - Warranty

The Products sold on the japandistore.com website comply with the regulations in force in France, and their performance is compatible with non-professional use.

Products supplied by the Vendor are covered by law and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,

the legal guarantee of conformity, for Products which appear to be defective, spoiled or damaged, or which do not correspond to the order,
the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
under the terms and conditions set out in the box below and defined in the appendix to these General Terms and Conditions of Sale (Warranty of Conformity / Warranty against Hidden Defects).

Under the legal warranty of conformity, the Customer has two years from the date of delivery of the goods to take action against the Vendor;- may choose between repair or replacement of the Product ordered, subject to the cost conditions stipulated in article L 217-9 of the French Consumer Code;is exempt from proving the existence of a defect in the conformity of the Product during the twenty-four months following delivery of the Product.

The legal warranty of conformity applies independently of any commercial warranty that may cover the Product. The Customer may decide to invoke the warranty against hidden Product defects in accordance with article 1641 of the French Civil Code; in this case, the Customer may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

Article L.217-3 of the French Consumer Code states:

"The seller delivers a good which conforms to the contract and to the criteria set out in article L.
217-5. He is liable for defects in conformity existing at the time of delivery of the goods, as defined in article
L. 216-1, which appear within two years of delivery."

The Vendor will reimburse or replace Products or parts under warranty deemed to be non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.

Refunds for Products found to be non-conforming or defective will be made as soon as possible and at the latest within 14 days of the Vendor's finding of the non-conformity or hidden defect.

Refunds will be made by crediting the Customer's bank account.

The Vendor may not be held liable in the following cases:

non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
in the event of misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 12 - Protection of personal data

Pursuant to Law 78-17 of January 6, 1978 amended by Law n°2018-493 of June 20, 2018, it is recalled that the nominative data requested from the Customer is necessary for the processing of his/her order and the preparation of invoices, in particular.

This data may be communicated to any of the Vendor's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the japandistore.com website complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of such data.

In accordance with current national and European regulations, customers have the right to permanent access, modification, rectification, opposition, portability and limitation of processing of information concerning them.

This right may be exercised under the terms and conditions defined on the japandistore.com website.

ARTICLE 13 - Intellectual property

The content of the japandistore.com website is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright, parasitism and unfair competition.

ARTICLE 14 - Unforeseeability

The present G.S.C. expressly exclude the legal regime of unforeseeability provided for in article 1195 of the French Civil Code for all sales of Products by the Vendor to the Customer. The Vendor and the Customer hereby waive the right to avail themselves of the provisions of article 1195 of the French Civil Code and of the unforeseeable circumstances provided for therein, and undertake to assume their obligations even if the contractual balance is upset by circumstances which were unforeseeable when the sale was concluded, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.

ARTICLE 15 - 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 is due to force majeure, as defined in article 1218 of the French Civil Code.

ARTICLE 16 - Applicable law - Language

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by French law.

They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 17 - Disputes

All disputes arising from the purchase and sale transactions concluded in application of the present general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and consequences, and which cannot be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of common law.

The Customer is hereby informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

ARTICLE 18 - Pre-contractual information - Customer acceptance

The fact that a natural person (or legal entity) places an order on the japandistore.com website implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document that may be unenforceable against the Vendor.

APPENDIX 1 - Provisions relating to legal warranties

Article L217-4 of the French Consumer Code

To conform to the contract, the goods must :

Be fit for the purpose ordinarily expected of similar goods and, where applicable :
correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model

have the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, in particular in advertising or on labelling

Or present the characteristics defined by mutual agreement between the parties, or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the French Consumer Code

Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article L217-16 of the French Consumer Code

When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the purchaser's request for intervention, or from the date the item in question is made available for repair, if the item is made available after the request for intervention.

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 of the French Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

APPENDIX 2 - Withdrawal form

The present form must be completed and returned only if the Customer wishes to withdraw from the order placed on japandistore.com, except in the case of exclusions or limits to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.

For the attention of Japandistore® by e-mail: contact@japandistore.com

Date" order

Order number: ...........................................................
Customer name: ...........................................................................
Customer address: .......................................................................
Customer's signature (only if this form is sent on paper)