GENERAL CONDITIONS OF SALE KINASE-BOUTIQUE.COM

Version September 2018

The site www.kinase-boutique.com is a commercial site published and operated by the company AUTHENTIC JAPAN :
-Single-person simplified joint stock company with share capital of 100,000 euros, registered with the Paris RCS under number 839 581 303;

-Having its head office located at 28, rue du Dragon – 75006 Paris;

-No. Intracommunity VAT FR 17839581303;

-RCP: 839 581 303 000 14;

-Telephone number: 01 43 20 70 92 – Contact: support@kinase-boutique.com

-Publication director: Mr. Samuel Bitho;

-Accommodation: OVH SAS: 2 rue Kellermann – BP 80157 59053 ROUBAIX CEDEX 1

(hereinafter “ AUTHENTIC JAPAN "), accessible via the Internet network from the url www.kinase-boutique.com whose aim is to allow Internet users visiting it not only to discover the Japanese province of Niigata but also to buy products from this region and other provinces of Japan (sake, rice, grocery products, tableware products, etc.) imported from Japan (hereinafter the “Site”).

1. PURPOSE OF THE GENERAL CONDITIONS OF SALE

These general conditions of sale (hereinafter referred to as the “ Terms of Sales " Or " General Terms and Conditions ") define the rights and obligations of the parties in connection with the sale by AUTHENTIC JAPAN of products manufactured by commercial partners of AUTHENTIC JAPAN (hereinafter referred to as the " Products ") to consumers browsing the Site (hereinafter referred to as the " Clients ").
It is specified that purchases of Products on the Site are reserved for non-commercial individuals who are over 18 years old and have full legal capacity.

These General Conditions of Sale are supplemented by the general conditions of use of the site and the confidentiality and protection of private life policy and constitute, with the summary order form and the invoice communicated to the Customer, the entirety of the documents authentic contractual documents between the parties to the exclusion of any other document.

AUTHENTIC JAPAN reserves the right to modify the content of the General Conditions of Sale at any time. In such a case, the new version of the General Conditions of Sale will be published on the Site and will apply to orders for Products placed after their publication.

The applicable General Conditions of Sale are those in force on the Site on the date of the order placed by the Customer.

ARTICLE 2 – PRODUCTS

2.1 – Description of the Products

The Products offered for sale by AUTHENTIC JAPAN are those which appear on the Site, at the time of consultation by the Customer, and within the limits of available stocks. AUTHENTIC JAPAN reserves the right to withdraw Products from sale at any time.

AUTHENTIC JAPAN takes the greatest care in the presentation of the Products and each of the elements composing them on the Site in order to meet the requirements of article L.111-1 of the Consumer Code.

However, the photographs illustrating the Products are only indicative and do not enter into the contractual scope.

Indeed, if all efforts are made to ensure that the color of the Products and each of the elements composing them, the photos of which are displayed on the Site by AUTHENTIC JAPAN, are faithful to the original products, variations may occur; particularly due to the technical limitations of color rendering of computer equipment. Consequently, AUTHENTIC JAPAN cannot be held responsible for errors or inaccuracy in the rendering of photographs or graphic representations of the Products or the elements composing them presented on the Site.

The Customer is invited to consult the description of each Product to find out its essential and exact characteristics.

2.2 – Availability of Products

Only Products appearing on the Site in plain text and/or indicated as available and/or not sold out on the day of consultation by the Customer are offered for sale.

To this end, the Customer is informed when placing his order of the availability of the Product he wishes to select.

In the event of questions relating to the unavailability of the Product, the Customer may contact the Customer Relations Department according to the procedures indicated for this purpose. However, if exceptionally the Product becomes unavailable after validation of the order, the Customer will be informed as soon as possible by email or telephone of the postponement or cancellation of their order.

If the Customer disagrees with a postponement of his order, AUTHENTIC JAPAN must reimburse the sums paid within thirty (30) days from the notification of refusal sent by the Customer.

3 – ORDERS

3.1 – Navigation within the Site

The Customer can read the different Products offered for sale by AUTHENTIC JAPAN on the Site. The Customer can freely browse the different pages of the Site, without being committed to an order.

3.2 – Registration and identification of the Customer

To be able to place an order, the Customer must have an active account. Account creation can be done online at any time, from the “Create an account” tab.

When creating their account, the customer accepts all of the General Conditions of Sale by checking the box provided for this purpose.

Account creation can be done either using the Customer's Facebook or Google+ accounts, or using a form provided for this purpose.

When registering using the form, any new Customer must complete the fields offered to them and indicated as mandatory to create their profile which will be accessible in the “My Account” section.

The Customer must accurately complete the form made available to him, on which he must indicate the information necessary for his identification. The Customer undertakes to correctly complete said form, and in particular to only communicate accurate, up-to-date and complete information.

The Customer is also required to choose a password. This password must contain at least 8 characters including at least one letter, one number and one special character.

The Customer acknowledges having full responsibility for maintaining the confidential nature of its identifiers and access codes.

This information will subsequently be used to identify itself on the Site.

The Customer acknowledges having full responsibility for maintaining the confidential nature of his access codes. Thus, in the event of fraudulent use of said identifiers, the Customer undertakes to immediately inform AUTHENTIC JAPAN of the unauthorized use of his account.

The Customer is solely responsible for the use of his account. Any connection or transmission of orders made using the Site will be deemed to have been made by the Customer and under his exclusive responsibility.

The provision of personal information collected in the context of distance selling and marked with an asterisk is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices.

This information is strictly confidential and will be treated in accordance with the AUTHENTIC JAPAN privacy policy.

AUTHENTIC JAPAN cannot be held responsible if the data relating to a Customer's registration does not reach it for any reason which is not attributable to it (for example, a problem with the Internet or mobile Internet connection due to for any reason on the part of the Client, a temporary failure of its servers, etc.) or arrived unreadable or impossible to process (for example if the Client has inadequate computer hardware or software environment for its registration).

3.3 – Conditions for placing an order

The Customer who wishes to place an order selects the different Product(s) of their choice by clicking on “Add to cart”.

At any time the Client may:
check the number of Products contained in your basket and obtain detailed information on each of them by clicking on “MY BASKET”;
continue your selection of Products by clicking on “CONTINUE MY PURCHASES”
complete your order by clicking on “ORDER AND PAY”.

It is specified that the Products are intended for the Customer's personal use, without any direct connection with the Customer's professional activity. As such, the Customer's attention is particularly drawn to the fact that he cannot order more than 6 products of the same reference per month. In the event of an order greater than the aforementioned number, the order will be considered void.

3.4 – Final validation of the order

After having read the summary order form and before being able to choose the proposed payment method, the Customer must, to validate his order, click on “Validate my basket and pay”.

By clicking on the “Validate my basket and pay” button, the Customer declares to fully and unreservedly accept the General Terms and Conditions.

AUTHENTIC JAPAN reserves the right not to validate the order in the event of:
Exceeding the ceiling indicated in article 3.3 hereof;
Abnormal or abusive exchanges and returns;
Total or partial non-payment of a previous order from the Customer;
Refusal of authorization for payment by bank card from banking organizations.

3.5 – Confirmation of an order

The sale will only be considered final after payment of the corresponding price and sending to the Customer confirmation of acceptance of the order by AUTHENTIC JAPAN by e-mail.

3.6 – Delivery territory eligible for an order

The Customer may only place an order for Products for delivery in mainland France and Corsica, as well as within the following countries: Andorra, Monaco, Belgium, Luxembourg. Any order mentioning another delivery location will be rejected.

3.7 – Final nature of the order

Without prejudice to the Customer's right to exercise his or her right of withdrawal, once validated, an order cannot be canceled by the Customer without the prior written consent of AUTHENTIC JAPAN.

3.8 – Order modification

Orders being final and irrevocable, any modification request made by the Customer is subject to acceptance by AUTHENTIC JAPAN.

AUTHENTIC JAPAN undertakes for its part to deliver a Product conforming to that ordered.

Article 4 – Delivery

Orders for Products are delivered, during working hours and days, to the address indicated by the Customer, accompanied by a delivery note.
The Customer has the option of having the Products delivered to an address other than his own.

Delivery times for Products are those indicated on the Site on the day of the order.
* Due to a large number of deliveries due to the current health situation, Colissimo has temporarily revised its delivery times to a maximum of 15 days following receipt of the package.
In the absence of any indication on the Site, AUTHENTIC JAPAN undertakes in any case to deliver the Products within a maximum period of thirty (30) working days from the day following payment of the order.

It is specified that orders recorded on the Site on Friday afternoon from 12 p.m., Saturday or Sunday will be processed the following Monday.

Orders placed on the Site on a public holiday will be processed the following business day.

Each delivery is deemed to have been made as soon as the Products are made available to the Customer by the carrier, materialized by the control system used by the carrier.

The Customer is informed of the departure of his order by sending an email summarizing the Products sent and informing him of the tracking number and the means allowing him to know the progress of the processing of his order.

The Customer is invited to regularly consult his order tracking and to contact AUTHENTIC JAPAN customer service for any questions or in the event of a problem.

In this regard, the customer is informed of the delivery status by the carrier via SMS. The customer must therefore provide their mobile phone number when placing their order.

In the event that the Customer is absent during the delivery of the Products, AUTHENTIC JAPAN will inform him by any means of its choice where he can collect his Products.

In the event that the Customer does not collect the Products within thirty (30) days from notification by AUTHENTIC JAPAN of the terms of withdrawal of its Products, the order will be considered canceled and AUTHENTIC JAPAN will retain the amount of the Products. sums having been paid by the Customer for the order in question.

AUTHENTIC JAPAN and the carrier cannot under any circumstances be held responsible in the event of an impossibility of delivery, due to an inaccuracy of the delivery address.

In the event of force majeure, preventing delivery partially or totally, the delivery time indicated to the Customer will be adapted according to the proven duration of the force majeure. The following are considered to be force majeure: strikes, blockages of road, rail or air networks and events due to bad weather.

Article 5 – Receipt of Products

The Customer must check the good condition of the Products upon receipt of their order. Any anomaly concerning delivery (damaged packages, damaged products, missing or non-compliant with the order, late delivery; etc.) must be reported to the AUTHENTIC JAPAN customer relations department, either:
by simple mail addressed to the following address:

28, rue du Dragon, 75006 Paris
by telephone at the following number: 01 43 20 70 92
by e-mail to the following address: support@kinase-boutique.com
Without prejudice to the Customer's rights linked to the legal guarantee attached to the Products, it is agreed that after a period of fifteen (15) days following the delivery date and failing to have complied with these formalities, the Products will be deemed to be compliant and exempt of any apparent defect and no claim can be validly accepted by AUTHENTIC JAPAN, except for legitimate reasons.

In the event of lack of conformity of a delivered Product, the Customer may return it to AUTHENTIC JAPAN at the address indicated by AUTHENTIC JAPAN when ordering in its original condition, necessarily bearing the original labels and/or accompanied by the original packaging, delivery note and invoice.

The Customer must also inform AUTHENTIC JAPAN within 15 days of the delivery date.

To do this, the Customer must contact customer service from the “Contact Us” section of the Site and describe the non-conformity of the Product.

Upon receipt of the presumed non-compliant Product(s), AUTHENTIC JAPAN will carry out an examination of the Product(s). In the event that the return of the non-compliant Product is well-founded, AUTHENTIC JAPAN will proceed, at the Customer's choice, or in the absence of the Customer's request, at the choice of AUTHENTIC JAPAN:
the reimbursement of the non-compliant Product;
to the exchange of the non-compliant Product, to the extent that this Product is available in stock.

Article 6 – Financial conditions

6.1 – Price

Prices are indicated in euros and include VAT, excluding preparation and delivery costs.

Value Added Tax is that in force in mainland French territory on the day of the order.

The selling price of the Products is that in effect on the Site on the day the order is placed.

The fixed amount of participation in the preparation and delivery costs is communicated to the Customer on the order summary form, before validation of the latter.

AUTHENTIC JAPAN reserves the right to modify its prices at any time.

6.2 – Payment

The price is due and payable upon ordering.

Payment is made by credit card.

AUTHENTIC JAPAN uses the 3D Secure payment system which is an online payment security system, created by the international issuers Visa and MasterCard and implemented in France in 2008. This is a procedure for authenticating the holder of the card, to ensure that it is really the one making the payment on the internet. Only “CB” Visa and MasterCard payment cards benefit from this security. The system is activated systematically on a French merchant site that is a 3D Secure member.

Article 7 – Reservation of ownership

All Products remain the property of AUTHENTIC JAPAN until full and effective receipt of their price at maturity. Consequently, the Customer undertakes not to resell any Product from AUTHENTIC JAPAN before full payment to the latter. In addition, the Customer is liable for losses, deterioration and depreciation which could affect the Products delivered, for whatever reason, until full payment is made to AUTHENTIC JAPAN.

Article 8 – Right of withdrawal

In accordance with the provisions of article L.121-21 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days allowing him to return to AUTHENTIC JAPAN, without having to indicate the reasons for his decision, the Product(s) he ordered if they do not give him satisfaction.

This period runs from the day of delivery of the order.

If he wishes to exercise his right of withdrawal, the Customer must indicate this to AUTHENTIC JAPAN either:
by means of a clear and unambiguous declaration to the following address: 28, rue du Dragon, 75006 Paris;
by means of the model withdrawal form available in the appendix to these General Conditions of Sale sent by post to the following address: 28, rue du Dragon, 75006 Paris

AUTHENTIC JAPAN does not cover any of these costs or the cost of transport and cannot be held responsible for non-receipt of the package from the Customer. The Site advises Internet users to opt for tracked delivery of the package. Generally speaking, all costs and risks associated with returning the product are the responsibility of the Customer. AUTHENTIC JAPAN does not accept postage collect packages.

The Product(s) must be returned by the Customer, no later than fourteen (14) days after he has notified his withdrawal to AUTHENTIC JAPAN, in his/her packaging and packaging. their) original packaging and be accompanied by the delivery note and the invoice to the following address: 28, rue du Dragon, 75006 Paris

If the aforementioned conditions are met, AUTHENTIC JAPAN will reimburse the Customer for the sums corresponding to the Products acquired by him, within a maximum period of fourteen (14) days following the date on which the Products returned to AUTHENTIC JAPAN by the Customer having used his right of withdrawal will have been received by AUTHENTIC JAPAN.

Reimbursement is made directly to the Customer's account linked to the bank card used to order the Products.

In the event of partial return of an order, AUTHENTIC JAPAN will reimburse the Customer for the amount of shipping costs (outbound) proportional to the total amount of the order. In the event of a total return of an order, AUTHENTIC JAPAN will reimburse the Customer for the total amount of shipping costs paid when ordering.

Article 9 – Guarantee

All products supplied by AUTHENTIC JAPAN benefit from the legal guarantee of conformity provided for in articles L. 217-4 to L. 217-14 of the Consumer Code or the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code for as long as the use has been normal and the maintenance advice has been followed.

Legal guarantee of conformity: applicable texts

Article L217-4 of the Consumer Code:

The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code:

The property complies with the contract:

1° If it is suitable for the use usually expected of similar goods and, where applicable:
if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-7 of the Consumer Code:

Defects of conformity which appear within twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L217-9 of the Consumer Code:

In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

Article L217-10 of the Consumer Code

If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same faculty is open to him:

1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint;

2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking.

However, the sale cannot be canceled if the lack of conformity is minor.

Article L217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.

Article L217-13 of the Consumer Code

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him by the law.

Legal guarantee against hidden defects on the Products sold: applicable texts

Article 1641 of the Civil Code:

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them.

Article 1644 of the Civil Code:

In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded.

Article 1648 paragraph 1 of the Civil Code:

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

AUTHENTIC JAPAN cannot be held liable for any inconveniences or damages inherent in the use of the Internet network, such as interruption of service or the presence of computer viruses.

Article 10 – Liability / Force Majeure

AUTHENTIC JAPAN cannot be held liable in the event of non-performance or poor performance of the contract due either to the Customer's actions, or to the insurmountable and unforeseeable act of a third party to the contract, or to a case of force majeure.

AUTHENTIC JAPAN cannot be held liable for any inconveniences or damages inherent in the use of the Internet network, such as interruption of service or the presence of computer viruses.

Article 11 – Protection of minors

In accordance with article L. 3342-1 of the public health code, the sale of alcohol to minors under eighteen (18) years of age is prohibited. The Customer undertakes to be at least 18 years old when placing his order on the Site.

Article 12 – Miscellaneous

In the event that any of the terms of the General Conditions of Sale would be considered illegal or unenforceable by a court decision, the other provisions will remain in force, unless the invalidated obligation is an essential obligation whose deletion or cancellation would prevent the continuation of these entire General Conditions of Sale.

The fact that AUTHENTIC JAPAN refrains from requiring the execution of any of the clauses of these General Conditions of Sale or from exercising any right which would be recognized to it by these General Conditions of Sale, cannot under any circumstances be considered as a definitive waiver of this right, nor prevent it from subsequently pursuing its execution, regardless of the duration of this abstention.

Article 13 – Applicable law / Disputes – Mediation

In the event of a dispute or complaint, the Customer must contact AUTHENTIC JAPAN customer service in order to seek and find an amicable solution either directly online from the “Contact Us” section or by mail to the following address: 28, rue du Dragon, 75006 Paris

In accordance with the provisions of the Consumer Code concerning “the mediation process for consumer disputes”, the Customer has the right to use the mediation service offered by AUTHENTIC JAPAN free of charge. The consumer law mediator thus proposed is MEDICYS. This mediation system can be contacted by:

-electronic way: https://conso.medicys.fr/ ; Or

-mail: MEDICYS- Mediation and amicable settlement center for bailiffs- 73, Boulevard de Clichy, 75009 – Paris.

In accordance with article L 612-2 of the Consumer Code, one of the prerequisites for the examination of the dispute by MEDICYS is the following: the consumer must justify having previously attempted to resolve their dispute directly with the Customer Service of AUTHENTIC JAPAN, by a complaint sent by mail or email according to the terms defined above.

In addition, the European Commission has set up a dispute resolution platform intended to collect possible complaints from consumers following an online purchase in order to then transmit them to the competent national mediators. This platform is accessible here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

Withdrawal form template

If the Customer wishes to exercise his right of withdrawal – in compliance with the conditions provided for in Article 8, he has the possibility of using the form below:

You can, if you wish, download the withdrawal form model here