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TERMS & CONDITIONS - NIWASHI.EU - JUNE 2020 These present Terms and Conditions of Sale (hereinafter “Terms and Conditions”) apply to all purchases made from Abondance O Jardins, SARL, by a physical person (hereinafter “Customer”) on the Website http://www.niwashi.fr (hereinafter “Website”). Abondance O Jardins, SARL is registered in the RCS Evreux Register of Trade and Companies under No. 448 287 474 00010, Registered Office 29, Route de Saint Chéron -27120 Villégats, France; Tel: +33 (0)2 32 36 08 31, Fax: +33 (0)2 32 36 08 31, email: o.geslin@niwashi.fr (hereinafter “the “Seller”). IMPORTANT By placing an order on the Website the Customer agrees unreservedly to be bound by these present Terms and Conditions. ARTICLE 1. DEFINITIONS The terms used hereinafter have the following meaning in these present Terms and Conditions: “Customer” designates the person who makes the contract with the Seller, guaranteeing he/she has the capacity to be a consumer as defined in French legislation and decisions of the Courts. Under these terms it is specifically stated that the Customer act outwith the context of all regular trading or business activity. “Delivery” signifies the first presentation of the Products ordered by the Customer at the delivery address indicated when the order is made. “Products” signifies all Products available on the Website. “Territory” signifies Metropolitan France, Corsica, the French overseas departments and territories (DOM/TOMs) and all countries in the Eurozone. ARTICLE 2. PURPOSE The present Terms and Conditions govern the sale of Products by the Seller to its Customers. The Customer is clearly informed and acknowledges that the Website is for private individuals only and that professionals should contact the Seller’s trade service in order to benefit from separate contractual conditions. ARTICLE 3. ACCEPTANCE OF TERMS AND CONDITIONS The Customer shall undertake to carefully read and accept the present binding Terms and Conditions before proceeding to payment for an order for Products ordered on the Website. A link to the present Terms and Conditions is made available at the bottom of each page on the Website and should be consulted before placing the order. The Customer shall carefully read, download, print and keep a copy of the present Terms and Conditions. The Seller advises the Customer to read the Terms and Conditions before placing every new order; the most recent version of the Terms and Conditions apply to all new orders for Products. ARTICLE 4. PURCHASE OF PRODUCTS FROM THE WEBSITE To be in a position to purchase a Product, the Customer must be at least eighteen years old and have the legal capacity to make such a purchase, or if he or she is a minor, must have proof of agreement from his/her legal representatives. On the Website the Customer will be requested to complete the form that provides personal information enabling him/her to be identified. An asterisk (*) indicates fields which must be completed before the Customer order may be processed by the Seller. The Customer will be able to check the order status on the Website. Deliveries may be tracked where necessary by using the online tracking tools provided by some shippers. The Customer may also contact the Seller’s Customer Service Department at any time for information on the order status by sending an email to: o.geslin@niwashi.fr. The information provided by the Customer to the Seller when placing an order shall be detailed, exact and up to date. The Seller reserves the right to require the Customer to confirm his/her identity, by any appropriate means, his/her eligibility and the information communicated. ARTICLE 5. ORDERS Article 5.1. Product features The Seller shall undertake to indicate essential Product features (shown in the specifications on the Website) and the statutory information which the Customer must receive in accordance with the applicable law. The Customer shall undertake to read this information carefully before placing an order on the Website. Unless expressly indicated otherwise on the Website, all Products sold by the Seller are new, conform to European legislation in force at the time and to standards applicable in France. Article 5.2. Order process Orders for Products are placed directly on the Website. To place an order the Customer should follow the steps described below. (However, the steps may differ slightly depending on the Customer’s start screen.) 5.2.1. Selecting Products and purchase options The Customer shall select the chosen Product(s) by clicking on the Product(s) concerned, the features and the quantities required. Once a Product has been selected it is placed in the Customer’s basket. The Customer may then add as many Products as desired to the basket. 5.2.2. Orders After selecting Products and adding them to the basket, the Customer should click on the basket and check that the order content is correct. If the Customer has not already done so, he or she will be asked to log in or to register for an account. When the Customer has validated the basket contents and logged in or created an account, an automatically completed online form will appear, displaying all prices, applicable taxes, and, where necessary, shipping and delivery charges. The Customer is then requested to check the content of his/her order (including Product quantity, features and reference, billing address, method of payment and price) before validating the content. The Customer may then proceed, as indicated in the instructions indicated on the Website, to making the payment for the Products and providing all details necessary for billing and Delivery of the Products. Where several options are available, specific references appear when the correct options have been selected. Orders made must include all information required to process the order correctly. The Customer must also select the required delivery option. 5.2.3. Order confirmation Following completion of all steps indicated above a new page is displayed on the Website, confirming receipt of the Customer order. A copy of the order confirmation receipt is automatically sent by email to the Customer, provided that the email address indicated on the account registration page is correct. The Seller does not issue any order confirmations by post or fax. 5.2.4. Billing When placing an order the Customer must enter all details required for billing (the asterisk [*] indicates fields which must be completed for the order to be processed by the Seller). The Customer shall take special care when entering information related to Delivery, and in particular the exact address and any access code required to reach the Delivery address. The Customer must also specify the method of payment selected. Neither the order form completed online by the Customer nor the order confirmation receipt sent by email from the Seller to the Customer shall constitute an invoice. Irrespective of the method chosen for ordering or the means of payment, the Customer will receive the original copy of the invoice inside the package, at the time of Product Delivery. Article 5.3. Order date The order date is the date at which the Seller confirms online receipt of the order. Delivery times indicated on the Website are counted solely from that date forward. Article 5.4. Prices Prices for all Products listed on the Website are indicated in Euros and include all applicable taxes, with, in addition, the appropriate delivery charges (depending on package weight, delivery address, shipper or means of shipping selected, but to the exclusion of any charge for special packaging). Prices include, in particular, Value Added Tax (VAT) at the rate current at the time of ordering. Any modification in the applicable rate may affect Product prices from the date of effect of the new rate onwards. The applicable VAT rate is shown as a percentage of the value of the Product sold. Prices charged by the Seller’s suppliers may be subject to change. As a result prices listed on the Website may be modified. They may also be changed to account for special offers or sales. Prices shown are valid, except where a serious error is evident. The price applicable is that shown on the Website on the date at which the order is placed by the Customer. Article 5.5. Product availability The trader shall undertake to deliver the Product on the date, or within the delivery timescale, indicated to the Customer, unless the parties have agreed otherwise. Where a Product is not available this is in general shown on the page listing information on the Product concerned. Customers may choose to be informed by the Seller when a Product is back in stock by logging into their account and clicking on “Be informed when Product is back in stock”. In any event, where out-of-stock for a Product has not been indicated when the order is placed, the Seller shall undertake to inform the Customer immediately if the Product is not available. Should a Product be unavailable, the Seller may, if the parties agree, suggest an alternative Product of equivalent quality and price and the Customer may accept the alternative. Should the Customer decide to cancel the order for Products which are not available, the Customer shall receive a refund of the total amount paid for all unavailable Products at the latest within thirty (30) days of the date of payment. ARTICLE 6. THE RIGHT TO CANCEL The terms for the right to cancel are set out in the Cancellation Policy in Appendix 1 of these present Terms and Conditions and may be accessed via the hypertext link at the bottom of each page on the Website. ARTICLE 7. PAYMENT Article 7.1. Payment Methods The Customer shall pay for his/her Products online on the Website by using one of the methods listed by the Seller. The Customer shall guarantee to the Seller that he or she has full authority to use the selected method of payment. The Seller shall take all necessary steps to guarantee the security and confidentiality of data transmitted online where online payments are made on the Website. In this respect it is specified that all payment details provided on the Website are transmitted to the bank used by the Website and are not processed on the Website itself. Article 7.2. Date of payment Where there is one single payment by card the Customer’s account will be debited as soon as the Product order has been placed on the Website. Where there is partial Delivery, the total amount will be debited from the Customer’s account as soon as the order is confirmed. Should the Customer decide to cancel his/her order for Products which are not available, refund will be made in accordance with the terms contained in the final paragraph of Article 5.5 of these present Terms and Conditions. Article 7.3. Validation of payments Payments are validated in accordance with the following conditions:
Article 7.4. Payment delay or refusal Should the bank refuse to process a payment made by card or any other method of payment, the Customer shall contact the Seller’s Customer Service Department to pay for the order using any other valid method of payment. If, for any reason whatsoever, whether rejection, refusal or any other, the moneys due from the Customer cannot be paid into the Seller’s account, the order shall be cancelled and the sale automatically terminated. ARTICLE 8. PROOF AND ARCHIVING Any contract concluded with the Customer for an order greater than €120.00 including all applicable taxes will be archived by the Seller for a period of ten (10) years in compliance with Article L. 213-1 of the Code de la consommation (French Consumer Code, hereinafter “FrenchCode de la consommation”). The Seller shall undertake to archive this information to ensure transaction tracking, and to be in a position to produce a copy of the contract when requested by the Customer. Where there is litigation the Seller will be able to prove that its electronic tracking system is reliable and guarantees transaction integrity. ARTICLE 9. TRANSFER OF OWNERSHIP Ownership of the Products delivered remains with the Seller until the full payment has been made by the Customer. The aforementioned provisions shall not preclude transfer to the Customer, at the time of receipt of the Products by the Customer, or by a third party other than the shipper, the third party to be designated by the Customer, of the risks of loss or damage to the Products concerned or the risks of harm they could cause. ARTICLE 10. DELIVERY The arrangements for Delivery of the Products are indicated in the Delivery Policy in Appendix 2 of the present Terms and Conditions and may be accessed from the bottom of each page of the Website via a hypertext link. ARTICLE 11. PACKAGING Products shall be packaged in accordance with transport standards in force at the time in order to guarantee maximum protection for the Products during the Delivery process. Customers shall undertake to respect these same standards when they return Products under the conditions laid out in Appendix 1 – Cancellation Policy. ARTICLE 12. WARRANTY In addition to any commercial guarantees that the Seller may offer for certain Products, all Customers benefit from the statutory warranty on all Products, as laid out below, under the provisions of Article L.111-1 of the French Code de la consommation. Article 12.1. Guarantee of Conformity Article L. 217-4, French Code de la consommation“The Seller shall deliver goods that conform to the sales contract and shall be liable for any lack of conformity at the point of delivery. The Seller is also liable for any lack of conformity resulting from the packaging, or instructions for assembly or installation, where this has been put under the Seller’s responsibility by the contract or has been carried out under the Seller’s responsibility. Article L.217-5, FrenchCode de la consommation: “The goods conform to the sales contract:
The Seller is liable for any lack of conformity at the time of delivery and for lack of conformity resulting from the packaging, the instructions for assembly or installation when this has been the Seller’s responsibility or has been carried out under the Seller’s responsibility. Any action resulting from lack of conformity lapses after two (2) years from delivery of the Product (Article L.217-12 of the French Code de la consommation). Where there is a lack of conformity, the Customer may choose to request replacement or repair of the Product. However, should the cost of the Customer’s choice be clearly disproportionate to the other possible option, given the value of the Product or the extent of the lack, the Seller may effect a refund without following up on the option chosen by the Customer. If replacement or repair is impossible, the Seller shall undertake to refund the price of the Product within thirty (30) days from receipt of the returned Product, and in exchange for the Product returned by the Customer to the following address: Niwashi.fr - 29, route de Saint Chéron - 27120 Villégats. Lastly, the Customer is exempted from proving the existence of the lack of conformity of the Product for the twenty-four (24) months following delivery of the Product except for second-hand goods for which the limit is fixed at six (6) months. (Article L. 217-7 of the French Code de la consommation). It is specified that the present legal guarantee of conformity applies independently from any commercial guarantee provided, where applicable, on the Products. Article 12.2. Guarantee against hidden defects The Seller is held liable for any hidden defects in the Product sold which may render it unsuitable for the use for which it was intended, or which reduce this use to such an extent that the Customer would not have acquired it or would only have given a lower price had he/she been aware of them. (Article 1641 of the French Civil Code.) This guarantee shall enable the Customer who can provide evidence of a hidden defect to choose between a refund on the price of the Product if it is returned, or a refund for part of the price if the Product is not returned. Where replacement or repair is not possible, the Seller shall undertake to refund the price of the Product within thirty (30) days of receipt of the returned Product and in exchange for the return of the Product by the Customer to the following address: Niwashi.fr - 29, route de Saint Chéron - 27120 Villégats. Any action arising from redhibitory defects must be brought by the Customer within a period of two (2) years from the time the defect was detected. (Article 1648, Paragraph 1 of the French Civil Code.) ARTICLE 13. LIABILITY The Seller shall not be held liable in any way for the non-execution or defective execution of contractual obligations imputed to the Customer, in particular where information is entered by the Customer during the order process. The Seller shall not be held liable for or deemed to have failed to uphold these present Terms and Conditions in the case of any delay or failure to fulfil obligations where the cause for the delay or failure to fulfil obligations is linked to a case of force majeure, as defined by jurisprudence in French Courts and Tribunals. In addition it is specified that the Seller does not monitor web sites that are directly or indirectly linked to the Seller’s Website. As a result, any liability for information published therein is excluded. Links to third party Websites are provided for information purposes only and no guarantee is given on the content thereof. ARTICLE 14. FORCE MAJEURE The Seller shall not be deemed liable where the failure to fulfil, or any delay in fulfilling, one of the Seller’s obligations, as described in these present Terms and Conditions of Sale, arises from a case of force majeure. There is force majeure in contractual matters when an event outwith the control of the debtor, which could not reasonably have been anticipated at the conclusion of the contract and where the effects of the event could not have been avoided by taking appropriate steps, prevents the debtor from fulfilling the appropriate obligation. Should the impediment be temporary, the undertaking is suspended unless the resulting delay justifies terminating the contract. Should the impediment be definitive the contract is terminated as of right and the parties are freed from their obligations under the terms laid out in Articles 1351 and 1351-1 of the French Civil Code. In the same context the Seller shall not be held liable in particular for cyberattack, unavailability of materials, supplies, spare parts, personal or other equipment, interruptions to electronic communication networks, and also for the occurrence of any circumstance or event outwith the control of the Seller arising after the conclusion of a contract under the Terms and Conditions of Sale and impeding its fulfilment under normal conditions. It is specified that in a situation such as that set out above, the Customer may not claim payment of any compensation and may not institute any proceedings against the Seller. In the occurrence of one of the events heretofore listed, the Seller shall endeavour to inform the Customer as rapidly as possible. ARTICLE 15. PERSONAL DATA The Seller collects personal data relating to the Customers on the Website; this includes the use of cookies. Customers may disable cookies by following the instructions provided by their browser. The data collected by the Seller are used to process orders made on the Website, manage the Customer’s account, analyse orders, and, if the Customer has expressly selected this option, send the Customer marketing messages, newsletters, information on promotional offers and/or special sales, unless the Customer no longer wishes to receive this type of communication from the Seller. The Customer data are stored securely by the Seller for the purposes of the contract, its fulfilment, and in accordance with the law. Customers may at any time unsubscribe by logging into their account or by clicking on the appropriate link at the end of each promotional email. The data may be communicated, in whole or in part, to those of the Seller’s service providers concerned in processing the order. For commercial purposes, the Seller may pass on Customer names and contact details to its trading partners if Customers have expressly given their prior agreement at the time of registering on the Website. The Seller shall specifically ask Customers if they wish their personal details to be divulged. Customers may change their mind at any time by contacting the Seller. The Seller may also ask Customers if they wish to receive marketing offers from the Seller’s partners. In accordance with French Law No. 78-17 dated 6 January 1978, relating to information technology, data files and civil liberty, and with European Parliament and Council Regulation (EU) 2016/679 dated 27 April 2016 on the protection of natural persons with regard to the processing of personal data and to the free movement of this type of data, and repealing Directive 95/46/CE (General Data Protection Regulation, known as GDPR) the Seller shall ensure implementation of the rights of the persons concerned. It is reiterated that any Customer whose personal data are processed has to the right of access, to rectification, to updating, to data portability and to erasure of all information relevant to the Customer, in accordance with the provisions of Articles 39 and 40 of the Amended Information Technology and Liberty legislation, and the provisions of Articles 15, 16 and 17 of the European General Data Protection Regulation (GDPR). In accordance with the provisions of Article 38 of the Amended Information Technology and Liberty legislation and the provisions of Article 21 of the GDPR the Customer shall also have the right to object, on legitimate grounds, to the processing of personal data concerning him/herself, without indicating a reason, and at no cost. The Customer may exercise these rights by sending an email to: o.geslin@niwashi.fr, or sending a letter by post to Niwashi.fr – 29 route de Saint Chéron – 27120 Villégats. In exercising these rights the Customer shall provide photographic proof of identity by means of either a scanned copy or a photocopy of the relevant proof of identity addressed to the Seller. ARTICLE 16. COMPLAINTS The Seller provides a Customer Call Service at the following number: +33 (0)672409842 (standard telephone charge). All written complaints should be addressed to: Niwashi.fr – 29 route de Saint Chéron – 27120 Villégats. ARTICLE 17. INTELLECTUAL PROPERTY All visual and audio components on the Website, and also the technological infra-structure that powers the Website, are protected by copyright, trademarks and/or patents. These components belong exclusively to the Seller. Any web site designer who wishes to create a hypertext link to the Seller’s Website shall make a written request to the Seller. Under no circumstances shall the granting of the Seller’s permission be considered definitive. The links shall be deleted at the Seller’s request. Hypertext links to the Seller’s Website using techniques such as framing or in-line linking are strictly forbidden. Any representation or reproduction, whether total or partial, of the Website and its content, by any procedure whatsoever, without express prior consent from the Seller, is prohibited and shall be considered an infringement punishable under the terms of Articles L.335-2 et seq. and Articles L.713-1 et seq. of the Code de la Propriété intellectuelle (French Intellectual Property Code). In accepting the present Terms and Conditions the Customer is deemed to have acknowledged the Seller’s Intellectual Property Rights and to have undertaken to respect these Rights. ARTICLE 18. VALIDITY OF TERMS AND CONDITIONS Any change to the legislation or to the regulations in force, and any decisions of a competent tribunal which may invalidate one or several clauses of these present Terms and Conditions shall have no effect whatsoever on the validity of these present Terms and Conditions. Under no circumstances shall such an amendment or decision grant permission to Customers to ignore these present Terms and Conditions. All conditions not expressly dealt with in these present Terms and Conditions will be governed in accordance with business to customer normal trading practice for companies with their registered office in France. ARTICLE 19. CHANGES TO THE TERMS AND CONDITIONS The present Terms and Conditions apply to all purchases made online on the Website, provided that the Website is available online. The Terms and Conditions are clearly dated and may be changed and updated by the Seller at any time. The applicable Terms and Conditions are those in force at the time the order is placed. Changes made to the Terms and Conditions shall not apply to Products previously purchased. ARTICLE 20. GOVERNING LAW AND JURISDICTION THE PRESENT TERMS AND CONDITIONS AND THE RELATIONS BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW. ANY LEGAL DISPUTES WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF FRANCE. However, the Customer is requested to contact the Seller’s Complaints Service prior to any resort to an Arbitral Tribunal or French National Court. In the occurrence of any dispute related to the present contract, including on the basis of the validity of the contract, where no agreement may be reached or where the Customer provides evidence of having previously attempted to settle the dispute directly with the Seller by means of a written complaint, a voluntary mediation procedure shall be proposed, to be undertaken in a spirit of loyalty and good faith with the aim of reaching an amicable agreement. In order to set this mediation in motion, the Customer shall contact the Seller’s mediator through the AME (Association des Médiateurs Européens – Association of European Mediators) at the following address: 11 place Dauphine – 75001 Paris; tel. +33 (0)9 53 01 02 69; email address president.ame@mail.com or through the following link: http://www.mediateurseuropeens.org/demander-une-mediation. The party who wishes to set the mediation process in motion shall inform the other party in advance by registered letter with delivery receipt, detailing the reasons for the dispute. Mediation is not obligatory; the Customer or the Seller may at any time withdraw from the process. SHOULD THE MEDIATION FAIL OR NOT BE ENVISAGED, THE DISPUTE WHICH COULD HAVE BEEN THE SUBJECT OF MEDIATION WILL BE ENTRUSTED TO THE GOVERNING COURTS INDICATED ABOVE. ARTICLE 21: PRECAUTIONARY STATEMENT The Seller shall draw the Customer’s attention to the potentially hazardous nature of the tools distributed. In effect the cutting edge of Japanese tools is highly dangerous particularly for hands. The Seller recommends that the user wear appropriate protective gloves at all times during their use, and that the tools be kept out of the reach of children and those with any mental impairment. The Customer shall remain fully alert when using the tools and in particular not have consumed any Product or medication likely to diminish awareness or hamper reflexes. The Seller refuses to be held liable for any use to which these tools may be made other than those for which they are intended. In particular the Seller states that the use of these tools in the practice of martial arts is prohibited due to the risk of death. ARTICLE 22: SPECIAL CLAUSES 22.1. NEWSLETTERS The Seller publishes a regular newsletter to which the Customer may subscribe in order to be kept informed of new services and offers proposed on the website. The Customer may unsubscribe at any time by clicking on the unsubscribe link at the end of each newsletter. The Customer may choose to receive offers from website partners:
The Customer may at any time choose to unsubscribe from these services by using the same menu options. 22.2. FACEBOOK Complementary services are offered by the Seller through the use of a variety of features in the Facebook digital platform (hereinafter known as “Facebook”). When the Customer consults a page with this type of plug-in on the site, the browser connects directly to Facebook servers. Facebook is informed that the Customer’s browser has accessed the corresponding page on the site whether the Customer holds a Facebook account or not, or whether the Customer is logged into his/her Facebook account or not. This information is transmitted directly by the Customer’s browser to a Facebook server located in the United States of America where the information is stored. If the Customer is logged into Facebook while he/she is browsing on the site, Facebook will be able to link the visit directly to the user’s Facebook account. If the Customer interacts using plug-ins, for instance by clicking on the “Like” icon or leaving a comment, the corresponding details are transmitted and stored on a Facebook server. They are shown on the Customer’s Facebook account. If the Customer does not wish Facebook to link the information collected by the Seller’s intermediary to his/her Facebook account, he/she should sign out of Facebook before visiting the site. APPENDIX 1 CANCELLATION POLICY Right to Cancel The Customer, on a principal of law, is entitled to cancel by returning or restoring the Product to the Seller. The Product should be returned or restored without undue delay, and at the latest within fourteen (14) days of communicating the decision to cancel, unless the Seller offers to collect the Product itself. Cancellation period In accordance with Article L.221-18 of the French Code le la consommation the cancellation period expires fourteen (14) days after the Customer, or a third party, other than the shipper, designated by the Customer, takes physical possession of the Product. Where the Customer has ordered several Products in one order with several separate deliveries (or where an order for a single Product will be delivered in several batches) the cancellation period shall expire fourteen (14) days after the date at which the Customer, or a third party, other than the shipper, designated by the Customer, takes physical possession of the final Product to be delivered. Notification of Right to Cancel in accordance with Article L.221-21 of the French Code de la consommation, should the Customer wish to exercise his/her right to cancel, the Customer shall notify the Seller of this decision in a written statement (for example, a letter, fax or email) addressed to the Seller: Abondance O jardins – 29 route de Saint Chéron – 27120 Villégats, or o.geslin@niwashi.fr. The following form may be used: NOTIFICATION OF CANCELLATION For the attention of: Abondance O Jardins Seller’s telephone number: +33 (0)6 72 40 98 42 Seller’s fax number: + 33 (0)2 32 36 08 31 Seller’s email address: o.geslin@niwashi.fr I hereby notify Abondance O Jardins that I am cancelling forthwith the contract for the sale of the following Product: Product reference: Invoice number: Order number: - Order date [____________]/received on [________________] - Payment method used: - Customer name and, where relevant, name of recipient of order: - Customer address: - Delivery address: - Customer signature (except where email is used) - Date In order for the time period for cancellation to be respected, the Customer must send written notification of exercising the right to cancel before expiry of the time period allowed for cancelling. The Customer may also complete and submit the cancellation form or send any other clear written notification using the following link on the Seller’s Website: https://niwashi.oxatis.com/formulaire-retractation The Seller will send forthwith confirmation of receipt of the cancellation by means of a durable medium (e.g. email). Effects of Cancellation In the event of cancellation by the Customer, the Seller is liable for refunding the total amount paid by the Customer, including the shipping cost (except where additional costs have been incurred, if necessary, due to the Customer’s choice of a delivery method other than the Seller’s standard shipping charge) without undue delay and in any case, within fourteen (14) days of receipt of the Product returned to the Seller. (Article L.221-24 of the French Code de la consommation). The Seller shall make the refund using the same payment method as used by the Customer for the original transaction, unless the Customer expressly agrees to a different method; in any event the refund shall not incur any charges for the Customer. The Seller is not deemed liable for refunding the extra charges if the Customer has expressly selected a more costly shipping method than the standard method offered by the Seller. The Seller may defer refund until after receipt of the goods returned or until the Customer has provided proof of dispatch of the goods, whichever comes first. Procedure for return The Customer must, without undue delay, and in any event, at the latest within fourteen (14) days of notification of his/her decision to cancel the present contract, return the goods to: Niwashi.fr - 29, route de Saint Chéron - 27120 Villégats. This timescale is deemed to have been respected when the Customer returns the goods before expiry of the time period of fourteen (14) days. Return shipping charges The Customer shall be liable for the direct cost of returning the goods. Where the weight or volume of the Product is too great for the Product to be returned using normal postal services, the Customer shall be liable for the direct cost of returning the goods. An estimate of the charge due to the Customer when using a shipper for a Product return, in accordance with the existing regulations is shown below: For example: Japanese ladders, from 6 to 17 kg, estimated return charge €20 to €30 for Metropolitan France; €60 to €90 for Corsica. For returns from DOM-TOMs (French Overseas Departments and Territories) and for countries outside France but within the Eurozone, please consult the Seller. This information is solely for illustrative purposes and is in no way whatsoever deemed to be binding on the Seller for the reason that the charges liable to the Customer will depend solely on the shipper selected by the latter to return the Product. Condition of goods returned The Product must be returned according to the instructions provided by the Seller and must include all accessories delivered with the Product. The Customer is liable solely for any depreciation in the value of the goods resulting from handling other than that which is necessary to determine the nature, features and correct functioning of the Product. The Customer may therefore test the Product but he /she shall be held liable if handling other than that which is necessary takes place. Exclusions from the right of cancellation The right to cancel is excluded under the following hypothetical circumstances: Where goods have been tailor-made to the Customer’s specifications, or clearly personalised for the Customer; Supply of goods liable to deteriorate or expire rapidly; Supply of goods which by their very nature are mixed with other units in such a way that they are no longer inseparable from other units; Supply of digital content not supplied in a dematerialised format where implementation has already begun with the express prior agreement of the Customer, which party has also acknowledged that in this way he /she shall forfeit the right to cancellation; Contracts concluded in a public auction. APPENDIX 2: DELIVERY POLICY Delivery Area Products offered on the Website shall be shipped only to the Territory specified in the Terms and Conditions of Sale. It is not possible to place an order for any delivery address located outside this Territory. The Products are shipped to the delivery address(es) listed at the time the Customer places the order. Timescale for dispatch The time required for preparing an order then creating the invoice before Products in stock are dispatched is indicated on the Website. This period excludes weekends and official public holidays. An email is automatically sent to the Customer at the time the Products are shipped provided that the email address in the account registration form is correct. Shipping Timescale & ChargesAt the time the order is being placed the Seller shall inform the Customer of the timescales and options for shipping the Products purchased. Shipping charges are calculated according to the delivery method selected. These charges will be due to the Customer over and above the price of the Products purchased. Information on the shipping time and charges is detailed on the Website. Where there is no specific indication of or agreement on the delivery date, the Seller shall undertake to deliver the Product without undue delay and at the latest thirty (30) days following conclusion of the contract. (Article L.216-1 of the French Code de la consommation). Provisions for DeliveryThe Customer shall sign the delivery note and show proof of identity at the point of delivery, unless the Customer has indicated that no signature is necessary. The Seller shall not be deemed liable in this case. Should the Customer be absent, a delivery note shall be left, enabling the Customer to collect the package from his/her post office. Delivery problems The Customer shall be informed of the delivery date arranged at the time he/she selects the shipper, that is, at the end of the online ordering process, before confirming the order. Deliveries will be made within a period of no greater than thirty (30) days. Where this does not occur, the Customer shall give the Seller written notice to deliver within a reasonable timescale; where this does not take place, the Customer shall be in a position to terminate the contract. Following receipt of written notification of termination, the Seller shall, without undue delay, refund the Customer with the full amount paid for the products, including tax and delivery charges, using the same method as the Customer used to buy the Products. The Seller is deemed to be liable up to the time of delivery of the Product to the Customer. It is reiterated that the Customer shall be allowed three (3) days in which to notify the shipper of any missing articles or partial losses noted during the delivery. Powered by TCPDF (www.tcpdf.org) |