General Terms and Conditions of Sale
ARTICLE 1 - Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by takumiya.fr with consumers and non-professional buyers ("The Customers or the Customer") wishing to acquire the products offered for sale by the Seller ("The Products") on the Takumiya.fr website. They specifically detail the conditions of order, payment, delivery, and management of any returns of Products ordered by the Customers.
The main characteristics of the Products, particularly specifications, illustrations, and dimensions or capacity indications of the Products, are presented on the Takumiya.fr website.
The Client is required to be aware of it before any order placement.
The selection and purchase of a Product are the sole responsibility of the Client.
The photographs and graphics presented on the Takumiya.fr website are not contractual and do not engage the Seller's responsibility.
The Client must refer to the description of each Product to know its properties and essential features.
Product offers are valid as long as they are visible on the site, within the limits of available stocks, as specified at the time of placing the order.
The Seller's contact details are as follows: 73 rue de ségur, Parempuyre 33290, France.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, particularly those applicable to sales in stores or through other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at any time on the Takumiya.fr website and will prevail, if necessary, over any other version or any other contradictory document.
The Client declares to have read these General Terms and Conditions of Sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online order procedure as well as the general conditions of use of the Takumiya.fr website.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Client's purchase is the one in force on the website at the date of placing the order. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
In accordance with the Data Protection Act of 6 January 1978, the Client has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and proving his identity, to:
LC Company, 73 rue de ségur, Parempuyre 33290
The validation of the order by the Client implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Client acknowledges having the capacity required to contract and acquire the Products offered on the Takumiya.fr website.
The Products presented on the Takumiya.fr website are offered for sale for the following territories: France, DOM-TOM, Belgium, Switzerland, Germany, Austria, Luxembourg, Italy, Spain, United States, Australia, and Canada.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense and are the sole responsibility of the Client.
Modifications to these General Terms and Conditions of Sale are binding on users of the Takumiya.fr website from the time they are put online and cannot be applied to transactions concluded previously.
ARTICLE 2 – Orders
It is up to the Client to select on the Takumiya.fr website the Products he wishes to order, according to the following modalities:
Add the item to his basket, enter his details, and proceed to payment.
The contractual information is presented in the French language and will be confirmed at the latest at the time of validation of the order by the Client.
The offers of Products are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered final after the Client has been sent confirmation of acceptance of the order by the Seller, by email, and after the full price has been received by the latter.
For orders placed exclusively on the internet, the registration of an order on the Provider's website is carried out when the Client accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order.
The Client has the possibility to check the details of his order, its total price, and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore up to the Client to verify the accuracy of the order and to report any errors immediately.
Any order placed on the Takumiya.fr website constitutes the formation of a contract concluded at a distance between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.
The Client will be able to follow the progress of his order on the Takumiya.fr website.
If orders are limited
The Seller does not intend to sell the Products on the Takumiya.fr website to professionals, but only to consumers or non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders for the same Product in large quantities and containing more than 8 identical items.
In the event of cancellation of the order by the Client after its acceptance by the Seller less than 1 day at least before the scheduled date for the supply of the Products ordered, for whatever reason except the exercise of the right of withdrawal or force majeure, a sum corresponding to 100% of the total amount of the purchase will be acquired by the Seller and invoiced to the Client, as compensation, in reparation for the prejudice thus suffered.
ARTICLE 3 - Prices
The Products are provided at the rates in force shown on the Takumiya.fr website, when the order is registered by the Seller. Prices are expressed in Euros, HT, and TTC.
The rates take into account any discounts that may be granted by the Seller on the Takumiya.fr website.
These rates are firm and non-revisable during their period of validity, as indicated on the Takumiya.fr website, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport, and delivery costs, which are charged in addition, under the conditions indicated on the Takumiya.fr website and calculated prior to placing the order.
The payment requested from the Client represents the total amount of the purchase, including these fees.
Any specific orders from the Client can be considered. In this case, they will be the subject of a prior estimate accepted by the latter. Estimates drawn up by the Seller are valid for a period of 1 month, from their date of establishment.
An invoice is established by the Seller and given to the Client on payment receipt.
ARTICLE 4 - Payment terms
The price is payable in cash, in full on the day of placing the order by the Client, by secure payment method, according to the following modalities:
by credit cards: Visa, MasterCard, American Express, other blue cards
by Bancontact
by Giropay
Payment data is exchanged in encrypted mode using the SSL protocol
Payment in several installments with Alma. If you pay for your order in several installments, you accept the general customer conditions of Alma as well as the specific Alma conditions for LC Company customers.
ARTICLE 5 - Deliveries
The Products ordered by the Client will be delivered in mainland France, DOM-TOM, Belgium, Switzerland, Luxembourg, Germany, Austria, Italy, Spain, United States, Australia, and Canada within a dispatch time indicated on the Product sheet to which is added the processing and routing time to the address indicated by the Client during his order on the Takumiya.fr website.
Delivery consists of the transfer to the Client of physical possession or control of the Product.
Except in special cases or the unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Client within the above-mentioned deadlines.
However, these deadlines are communicated as an indication.
If the Products ordered have not been delivered within 30 days after the indicative date of delivery, for any other cause than force majeure or the fact of the Client, the sale may be resolved at the written request of the Client under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the Consumer Code.
The sums paid by the Client will then be returned to him at the latest within fourteen days following the date of denunciation of the contract, excluding any compensation or withholding.
ARTICLE 6 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products to the Client will only be carried out after complete payment of the price by the latter, regardless of the delivery date of said Products.
Regardless of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be realized when the Client takes physical possession of the Products. The Products therefore travel at the risk of the Seller.
ARTICLE 7 - Right of Withdrawal
In accordance with current legal provisions, the Client has a period of fourteen days from the receipt of the Product to exercise their right of withdrawal from the Seller, without having to justify reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 30 days following the notification to the Seller of the Client's decision to withdraw.
Returns must be made in their original and complete state (packaging, accessories, instructions...) allowing their resale in new condition, accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products are not accepted. The right of withdrawal can be exercised online, using the withdrawal form available on the Takumiya.fr website, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Client by the Seller, or any other unambiguous statement expressing the intention to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the purchased Products and the delivery costs are reimbursed; the return costs remain the charge of the Client.
The exchange (subject to availability) or refund will be made within a period of 10 days from the receipt, by the Seller, of the Products returned by the Client under the conditions provided for in this article.
ARTICLE 8 - Seller's Liability - Warranty
The Products sold on the Takumiya.fr website comply with regulations in force in France and have performances compatible with non-professional uses.
The Products provided by the Seller automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions, benefit from: the legal warranty of conformity, for apparently defective, damaged, or damaged Products or those not corresponding to the order, the legal warranty against hidden defects arising from a material, design, or manufacturing defect affecting the delivered products and rendering them unfit for use, under the conditions and according to the methods outlined in the box below and defined in the appendix to these General Terms and Conditions of Sale (Warranty of Conformity / Warranty against Hidden Defects).
It is reminded that within the framework of the legal warranty of conformity, the Client: has a period of two years from the delivery of the goods to act against the Seller; - may choose between the repair or replacement of the ordered Product, subject to the cost conditions provided for by Article L 217-9 of the Consumer Code; - is exempted from reporting proof of the existence of the Product's lack of conformity during the six months following the delivery of the Product. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal warranty of conformity applies regardless of any commercial warranty that may cover the Product. The Client may decide to implement the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, they can choose between the resolution of the sale or a reduction in the selling price in accordance with Article 1644 of the Civil Code.
To assert their rights, the Client must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 30 days from the delivery of the Products or the existence of hidden defects from the time they were discovered and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions...).
The Seller will refund, replace, or repair Products or parts under warranty deemed non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed upon presentation of receipts.
Refunds of Products deemed non-conforming or defective will be made as soon as possible and at the latest within 10 days following the Seller's finding of the lack of conformity or the hidden defect.
Refund will be made by credit to the Client's bank account or by bank check sent to the Client.
The Seller's liability cannot be held in the following cases: non-compliance with the legislation of the country in which the products are delivered, which it is up to the Client to check, in case of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Client, as in the case of normal wear of the Product, accident, or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or refund of non-conforming or defective Products.
ARTICLE 9 - Personal Data
All processing of personal data within the framework of these is subject to the provisions of the privacy policy, which is an integral part of these GTC.
In accordance with Law No. 78-17 of 6 January 1978, as amended in 2004 (known as the "Data Protection Act") and applicable regulations, Clients are informed that personal data concerning them is subject to automated processing for commercial prospecting and management of the Service and customer relations. Clients are informed that this data may be subject to statistical analyses by the Company and may be transferred to third parties and partners if the Client has expressly consented.
The information requested in the forms available on the Site marked with an asterisk is mandatory and necessary for the management of Clients' requests. Failure to respond in a mandatory field will result in the Company's inability to process Clients' requests.
Personal data relating will not be kept beyond the duration strictly necessary for the purposes indicated.
Certain data enabling proof of a right or a contract may be subject to an intermediate archiving policy for a period not exceeding the duration necessary for the purposes for which they are kept, in accordance with the provisions in force.
In accordance with the Data Protection Act and the GDPR, the Client or any person concerned by the processing has, according to the conditions of the applicable law, a right of access, rectification, limitation of processing, opposition to processing, portability, erasure as well as a right not to be subject to an automated decision, including profiling. The person concerned also has the right to withdraw their consent at any time.
To exercise these rights, it is necessary to send an email to the following address: contact@takumiya.fr. Any person concerned by a treatment has a right of complaint to the National Commission for Informatics and Liberties.
ARTICLE 10 - Intellectual Property
The content of the Takumiya.fr website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
Furthermore, the Seller remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Client) for the provision of Services to the Client.
The Client is therefore prohibited from reproducing or exploiting the said studies, drawings, models, and prototypes, etc., without the express, written, and prior authorization of the Seller, which can condition it on a financial consideration.
ARTICLE 11 - Unforeseeability
The Parties agreed, within the framework of the provisions of Article 1195 of the Civil Code, that a change in economic, material, financial circumstances surrounding the conclusion of a sales operation of the Seller's products subject to these General Terms and Conditions of Sale and resulting in an increase in the price will be fully assumed by the Client even though these risks would make the execution of his obligations excessively onerous for the Client, all other risks being assumed by the other Party.
However, if the change in unforeseeable circumstances at the conclusion of the contract was definitive or lasted beyond 1 month, these would be purely and simply resolved according to the terms defined in the article "Resolution for Unforeseeability."
ARTICLE 12 - Forced Execution in Nature
In the event of a breach of either Party to its obligations, the Party victim of the failure has the right to demand the forced execution in nature of the obligations arising from these. By derogation from the provisions of Article 1221 of the Civil Code, the creditor of the obligation may pursue this forced execution after a simple notice of default, addressed to the debtor of the obligation by registered letter with acknowledgment of receipt remained unsuccessful, regardless of the circumstances and even if there is a manifest disproportion between its cost for the debtor and its interest for the creditor.
It is recalled that in the event of a breach of either Party to its obligations, the Party victim of the failure may, in accordance with the provisions of Article 1222 of the Civil Code, 10 days after the sending of a notice to perform remained unsuccessful, have the obligation executed itself by a third party, at the expense of the defaulting Party, provided that the cost is reasonable and conforms to market practices, without a judicial authorization being necessary for this purpose, being that the Party victim of the failure may also, at its choice, ask in court that the defaulting Party advance the sums necessary for this execution.
ARTICLE 13 - Exception to Non-Execution
It is reminded, in accordance with Article 1219 of the Civil Code, that each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own and if this non-execution is sufficiently serious, i.e., likely to question the continuation of the contract or fundamentally upset its economic balance. The suspension of execution will take immediate effect upon receipt by the defaulting Party of the default notification sent for this purpose by the Party victim of the failure, indicating the intention to apply the exception of non-execution until the defaulting Party has remedied the noted default, notified by registered letter with acknowledgment of receipt or on any other durable written medium providing proof of sending.
This exception of non-execution may also be used preventively, in accordance with the provisions of Article 1220 of the Civil Code, if it is obvious that one of the Parties will not execute at maturity the obligations incumbent upon it and that the consequences of this non-execution are sufficiently serious for the Party victim of the failure.
This faculty is used at the risks and perils of the Party taking the initiative.
The suspension of execution will take immediate effect upon receipt by the presumed defaulting Party of the notification of the intention to apply the preventive exception of non-execution until the presumed defaulting Party executes the obligation for which an upcoming default is obvious, notified by registered letter with a request for acknowledgment of receipt or on any other durable written medium allowing proof of sending.
If the impediment was definitive or lasted beyond 30 days, the present would be purely and simply resolved according to the terms defined in the article "Resolution for failure of a party to its obligations."
ARTICLE 14 - Force Majeure
The Parties cannot be held responsible if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, as defined by Article 1218 of the Civil Code.
The party noting the event must immediately inform the other party of its inability to perform its service and justify itself to it. The suspension of obligations cannot in any case be a cause of liability for non-execution of the obligation in question, nor induce the payment of damages or penalties for delay.
The execution of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 30 days.
Consequently, as soon as the cause of the suspension of their reciprocal obligations disappears, the parties will make all their efforts to resume as quickly as possible the normal execution of their contractual obligations. To this end, the impeded party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is definitive or exceeds a period of 30 days, the present will be purely and simply resolved according to the terms defined in the article "Resolution for force majeure."
During this suspension, the parties agree that the costs generated by the situation will be borne by the impeded party.
ARTICLE 15 - Resolution of the Contract
15-1- Resolution for Unpredictability
The resolution for the impossibility of performing an obligation that has become excessively onerous may, notwithstanding the clause "Resolution for failure of a party to its obligations" set out below, occur only 10 days after the sending of a notice of default declaring the intention to apply this clause, notified by registered letter with acknowledgment of receipt or any extrajudicial act.
15-2 - Resolution for Non-Execution of a Sufficiently Serious Obligation
The Party victim of the failure may, notwithstanding the clause "Resolution for failure of a party to its obligations" set out below, in the event of sufficiently serious non-execution of any of the obligations incumbent upon the other Party, notify by registered letter with acknowledgment of receipt to the Defaulting Party, the faulty resolution of the present, 10 days after the sending of a notice to execute remained unsuccessful, and this in application of the provisions of Article 1224 of the Civil Code.
15-3 - Resolution for Force Majeure
It is expressly agreed that the parties may unilaterally terminate this contract, without summons or formalities.
15-4 - Common Provisions to Cases of Resolution
It is expressly agreed between the Parties that the debtor of an obligation to pay under this agreement will be validly put in default by the mere exigibility of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.
The services exchanged between the Parties from the conclusion of the contract until its resolution can only find their usefulness through the complete execution of it and will give rise to full restitution.
ARTICLE 16 - Applicable Law - Language
These General Terms and Conditions of Sale and the operations arising from them are governed and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 17 - Disputes
All disputes to which the purchase and sale operations concluded under these general terms and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences, and follow-ups and which could not have been resolved between the seller and the client will be submitted to the competent courts under common law conditions.
The Client is informed that in any case, they may resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, whose references appear on the Takumiya.fr website or to any alternative dispute resolution method (conciliation, for example) in case of dispute.
ARTICLE 18 - Pre-Contractual Information - Client Acceptance
The fact for an individual (or legal entity) to order on the Takumiya.fr website implies full and complete acceptance and adherence to these General Terms and Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Client, who renounces, in particular, to rely on any contradictory document, which would be unenforceable against the Seller.