TERMS AND CONDITIONS OF SALE

Article 1. FOREWORD

Those Terms and Conditions of Sale are entered into BETWEEN :

1° A-NET EUROPE, a company registered at the Companies Registry of Paris, under number 408 637 114, having its head office located 13, rue Béranger – 75003 PARIS, represented by Mr. Giorgio MESSIERI, and referred to as the “Seller”,

on the one hand,

AND :

2° The person making a purchase, referred to as the « Customer », on the commercial web site hosted under the domain name www.tsumorichisato.com, hereinafter referred to as the « Web Site »,

on the other hand.

The Web Site is hosted by INFOMANIAK NETWORK SA (a limited liability company).

The Website editorial Manager is Mr. Giorgio MESSIERI.

Article 2. PURPOSE

Those Terms and Conditions of Sale aim at defining the contractual relationship between the Seller and the Customer, as well as the sale conditions governing the items purchased on the Web Site.

The Customer purchasing an item on the Web Site is deemed to have fully agreed with those Terms and Conditions of Sale. Those Terms and Conditions shall prevail over any other terms and conditions or contract or any other document of the Customer, not expressly agreed and accepted by the Seller.

The Seller reserves the right to amend those Terms and Conditions at all time. The applicable Terms and Conditions are those in force at the time of the purchase order by the Customer.

The fact that the Seller does not use its rights under those Terms and Conditions shall not constitute a waiver to those rights.

Any missing provision under those Terms and Conditions is deemed to be governed by common practices applicable to consumers in the distance selling sector.

Those Terms and Conditions of Sale govern every stage of the purchase from the placing of the purchase order, and are applicable between the parties to the follow-up thereof.

Article 3. DEFINITIONS

Customer : means an Internet user browsing, placing an order, or purchasing a good, on the Web Site.

Good: means any item available for sale on the Web Site.

Web Site : means an IT web enabled infrastructure developed by the Seller and including data of any nature (text, sound, moving or fixed images, videos, data bases), browsed by the Customer to be informed about the Seller’s products and services.

Internet : means the world wide based servers linked to each other by communication networks, by means of a transmission control protocol known as TCP/IP.

Article 4. GOODS CHARACTERISTICS

Goods available for sale are those available on the catalogue published on the Web Site. Goods may only be purchased while stocks last.

Pictures published on the Web Site are as similar as possible to the Goods available for sale, although complete resemblance cannot be guaranteed, especially colours.

Article 5. PLACING A PURCHASE ORDER

The Customer may place an order on the Web Site by following the next procedure:

  • - The Customer selects one or more items on the Web Site, which are added to the shopping list ;
  • - The shopping list showing the selected items is displayed. The Customer can either carry on or complete his/her purchase ;
  • - Upon completing his/her purchase, the Customer is asked to fill in his/her personal details in order to enable his/her identification as a Customer of the Web Site ;
  • - The Customer is asked to confirm the invoicing and delivery addresses entered in his/her account;
  • - The Customer confirms his/her mode of delivery (depending on the Country of delivery) and accepts the Terms and Conditions of Sale;
  • - The Customer is asked to choose his/her means of payment (PAYPAL or VAD SystemPay). Before going through the secure payment page, the Customer may always go back to one or more previous pages.

A purchase order is deemed to be an acceptation of the prices and description of the items available for sale. Any complaint on item prices or description shall be solved, as the case may be, by way of an exchange and within the framework of the guaranties mentioned below.

Article 6. PRICE

Prices are in Euros, excluding tax for deliveries outside the European Union, and including tax for deliveries within France or the European Union.

VAT rate changes may be passed on the Goods prices. The Seller reserves the right to modify the prices at all time, except for the price displayed the day of the purchase order, which shall not be modified after placing of the purchase order by the Customer.

Prices displayed on the Web Site do not include transport and delivery costs (see article 9 below).

Article 7. PAYMENT CONDITIONS AND PAYMENT SECURITY SYSTEM

The Customer may purchase the Goods by any of the following means of payment:

  • - Credit card online at the time of the purchase order; the following credit cards are accepted: MASTERCARD, VISA, CB, AMEX, DINNERS. The Seller has set up the secure SYSTEMPAY system allowing the information received to be encrypted and preventing any third party to access it;
  • - Secure PAYPAL system.

Article 8. AVAILABILITY OF GOODS

The availability date of the Goods is displayed at the time of the purchase order.

Should the ordered item become un-available, the Customer shall be informed as soon as possible and shall have the right to cancel his/her purchase. The Customer may choose between reimbursement of the payment at the latest seven (7) days from his/her purchase or the exchange of the item by an item with similar characteristics and price.

If the exchange is not possible, the Seller reserves the right to reimburse the payment made.

Article 9. DELIVERY

9.1 Delivery Conditions

The Goods are delivered only by DHL and only at the address entered by the Customer in the purchase order.

Upon collection of the item by DHL at the Sellers’, the carrier informs the Customer by email of the purchase tracking number.

The Customer may be able to monitor his/her purchase dispatch by entering the purchase tracking number on www.DHL.com.

The Customer commits to be delivered at the day and time agreed, given that the DHL carrier undertakes to carry out a maximum of three (3) deliveries, between 9 am and 6 pm.

Applicable prices and delivery dates are as follows:

France: 9 € (Maximum delivery date: 2 days)
European Union: 15 € (Maximum delivery date: 3 days)
Rest of the world: 30 € (Maximum delivery date: 6 days)

The Seller shall not be held liable for late deliveries due to DHL services.

Any item marked « delivered » by the DHL services is deemed to have been accepted, and shall not be reimbursed for delivery failure.

Customs duty, local, import or State taxes may be levied and charged to the Customer, for deliveries outside the European Union.

As a forwarding agent, the DHL carrier is responsible for customs procedures and is in charge of collecting, for the relevant authority, any unpaid duty, local, import or State tax from the Customer.

9.2 Late Delivery

A purchase order placed by consumers exceeding 500 euros allows the Customer to cancel and be reimbursed of his/her purchase when the delivery exceeds, with more than seven (7) days, the expected date provided for in the email received by the Customer, in compliance with Articles L 114-1 and R 114-1 of the French Consumer Code.

Late deliveries caused by the Customer, the parcel recipient, a third party or by an event of force majeure, does not allow for any cancellation of the purchase, or any damages or reimbursement.

Unusual late deliveries shall be notified to the Customer by email.

Article 10. COMPLAINTS

Should the items be damaged during transportation, the Customer shall send his/her motivated claim to the carrier within two (2) days from delivery.

The Customer must check out the packaging condition and the parcels number at the time of delivery.

In case of complaint, the Customer should contact the Seller’s after sales service by any means, who shall explain him/her the procedure to follow.

The Customer shall return the item to the Seller within seven (7) days from delivery.

Provided the claim is considered to be justified (wrong colour or defects), the Seller shall exchange the defective item by a strictly identical item and/or proceed with the delivery of the missing item, while stocks last, and as soon as possible. Otherwise, the Seller shall reimburse the defective or missing item, the forwarding costs being born by the Customer.

Liability arising from a defect caused by the Customer’s clumsiness or mishandling shall rest on the Customer.

Items on sale or special offers cannot be exchanged or reimbursed.

Article 11. REVOCATION

The Customer may, without any reason or penalty charge, revoke his/her purchase within seven (7) days from delivery, in compliance with Article L 121-20 of the French Consumer Code.

Mailing and transportation costs necessary to return the item are born by the Seller. The item shall be returned to the Seller in perfect condition and inside its original packaging.

Returned goods complying with the above mentioned will be reimbursed by the Seller within thirty (30) days from receiving the product, provided it is in perfect condition. Otherwise, the product will not be reimbursed.

Article 12. GARANTY

In any case, the Customer may invoke the legal compliance warranty set forth under Articles L 211-4, L 211-5, L 211-12 of the French Consumer Code and under Articles 1641 and 1648 §1 of the French Civil Code.

If the item is not fit for purpose, the Customer may return the item to the Seller to be exchanged or reimbursed.

Article 13. LIABILITY

The Seller shall do its best efforts in operating online sale.

The Seller commits to best describe the items available for sale on the Web Site. However, the description is provided for information purpose only and is not provided on a contractual basis. The Seller shall not be held liable in case of wrong description.

The Seller’s liability is excluded every time failure to fulfil its obligations is caused by a third party’s unforeseeable and inevitable action or by an event of force majeure.

The Seller shall not be liable for downsides or damages arising out of Internet use.

The Seller endeavours to ensure the confidentiality and security of the data entered on the web.

Article 14. PERSONAL DATA PROTECTION

In compliance with the Law of January 6, 1978, on data processing, data files and individual liberties, the Customer’s personal information may be subject to data processing. The Customer may object to the use of his/her personal data by the Seller, and shall have the right to access, rectify or delete his/her personal data.

Customers may receive a copy of their personal data upon their request and reimbursement of the delivery costs of the copy. However, the Seller may object to clearly abusive requests.

The Web Site was filed with the Data Protection Commission on August 31, 2011, under number 1529148.

Article 15. INTELLECTUAL PROPERTY

The Web Site frame, the visual and sounding content of it, including the underlying technology, are governed and protected by intellectual property rights, including copyright and similar rights, trademark, patent rights, and privacy rights. Therefore, it is strictly forbidden to disclose to the public, even free of charge, whole or part of the information contained on the Web Site, whatever the medium or means of communication, without the assignee’s or the Seller’s consent. Violation of this provision will automatically be subject to lawsuits.

Reproduction, operation, broadcasting or use, even partially, of the Web Site, for whatever purpose, is forbidden. Links and hyperlinks are strictly forbidden without the Seller’s formal consent.

Article 16. TERM

Those Terms and Conditions of Sale remain in force so long as the Goods are available for sale by the Seller.

Article 17. INFORMATION FILING AND PROOF OF PAYMENTS

The Seller files all purchase orders placed and invoices issued on a reliable and lasting medium representing an accurate copy thereof, in compliance with Article 1348 of the French Civil Code. The Seller’s computer-based registers (if any) will be considered by the parties as a proof of communications, purchases, payments and transactions made between the parties.

Article 18. GOVERNING LAW AND JURISDICTION

Those online Terms and Conditions of Sale shall be governed by the Laws of France. Any litigation shall be brought before the competent jurisdiction located at the place of the defendant premises.

Article 19. INFORMATION REQUEST

TSUMORI CHISATO
20, rue Barbette
75003 PARIS
FRANCE
Tel : + (33) 01 42 78 18 88
Fax : + (33) 01 42 78 17 80
Email : estore@tsumorichisato.com