General Terms and Conditions of Sale
Preamble
The online sales site himitsu-karakuri-boutique.com is managed by the micro-company Xavier Bodiot EI, whose registered office is located in Draveil, France, registered with the Évry Trade and Companies Register under number: R.C.S. 793 420 472.
It is specified beforehand that these conditions govern the sales of its products by the company Xavier Bodiot EI, hereinafter referred to as "the COMPANY," to any individual or legal entity making a purchase via the website himitsu-karakuri-boutique.com, hereinafter referred to as "the CLIENT."
These General Terms and Conditions of Sale, as well as the order form and the order confirmation, constitute the sales contract between the COMPANY and the CLIENT concerning the sale of the ordered products.
Any order placed on the website himitsu-karakuri-boutique.com requires that the CLIENT first and without reservation accepts the General Terms and Conditions of Sale in their entirety.
In case of disagreement with the terms and conditions of the General Terms and Conditions of Sale, the CLIENT must not use the Website.
The COMPANY reserves the right to adapt or modify its General Terms and Conditions of Sale at any time and without notice, the adaptations or modifications then being applicable to all orders placed after the adaptations or modifications.
In case of modification, the General Terms and Conditions of Sale applicable to the CLIENT's order are those that were online, and which the CLIENT accepted on the day of placing their order.
Legal Precedence Clause:
Please note: These General Terms and Conditions are governed by French law. In the event of a dispute or translation discrepancy, the French version shall prevail.
Article 1 – Definitions
The terms and expressions identified by a capital letter in the General Terms and Conditions of Sale have the meaning indicated below (whether used in the singular or plural).
General Terms and Conditions of Sale: refers to this document, i.e., the terms and conditions applying to the relationship between the COMPANY and the CLIENT.
Order: refers to the purchase order of the CLIENT for one or more Product(s) or Service(s) placed by using the Website himitsu-karakuri-boutique.com or via the CLIENT Service.
Website: refers to the Website accessible at himitsu-karakuri-boutique.com.
Product: refers to a product or service offered for sale on the Website himitsu-karakuri-boutique.com.
COMPANY: refers to the micro-company Xavier Bodiot.
CLIENT: refers to an individual or legal entity, a consumer, who uses the Website himitsu-karakuri-boutique.com and acquires one or more Product(s) for their personal needs, having previously agreed to the General Terms and Conditions of Sale.
Article 2. Purpose
These General Terms and Conditions of Sale aim to define the contractual relationship between the COMPANY and the CLIENT and the conditions applicable to any purchase made through the website himitsu-karakuri-boutique.com.
By accepting these General Terms and Conditions of Sale, you declare that you have reached the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor dependent on you to purchase on this online sales site.
The use of our products for any illegal or unauthorized purpose is prohibited, regardless of the country of residence of the end CLIENT.
The COMPANY retains the possibility of modifying these General Terms and Conditions of Sale at any time, in order to comply with any new regulations or with the aim of improving the use of its site. As a result, the applicable conditions will be those in force on the date of the order by the CLIENT.
Article 3. Prices
For customers in the European Union: The prices shown on the product sheets of the online catalog are Net prices in Euros (€). They are not subject to VAT according to the General Tax Code: article 293 B.
The COMPANY reserves the right to modify its prices at any time, it being understood that the price appearing in the catalog at the time of the order will be the only one applicable to the CLIENT.
The products remain the property of the COMPANY until the full payment of the price by the COMPANY is received.
Promotional products will be indicated by a "PROMOTION" sticker or a strikethrough price; our promotions are valid while stocks last at the time of the order and during the display period.
For CLIENTS outside the European Union and DOM-TOM (French Overseas Departments and Territories): orders may be subject to local taxes and customs duties in force in the country of receipt. These duties and sums are not the responsibility of the COMPANY. They are the responsibility of the CLIENT.
WARNING: Any inaccurate information provided by the CLIENT in order to evade taxes in force in their country may lead to civil fines and criminal prosecution.
Article 4. Order
The contractual information is presented in French and will be subject to a confirmation summarizing this contractual information no later than at the time of delivery. The COMPANY 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.
To order Products on the Website himitsu-karakuri-boutique.com, the CLIENT must create an account by providing the required information on the registration form.
To this end, the CLIENT declares to provide complete, non-erroneous personal information that can be used to accurately identify them in any situation. Any fanciful or slanderous personal information is likely to result in the closure of the CLIENT's account and the cancellation of their Order.
The account creation section is directly accessible from the main menu bar. With each visit, the CLIENT, if they wish to order or view their account (order status, personal information, etc.), must identify themselves using this information.
Article 5. Payment
The price of the Products and the logistical preparation and delivery costs are payable in full by the CLIENT at the time of placing the Order.
The website himitsu-karakuri-boutique.com is likely to offer the CLIENT to pay for their order by different payment methods of their choice:
By credit card:
- Visa
- Mastercard
By payment methods:
- Apple Pay
- Google Pay
Thanks to PayPal, you can also benefit from "4X payment without fees for purchases from €30 to €2000": see general conditions on the PayPal site.
After choosing the credit card payment method, the CLIENT is redirected to the secure interface of the payment system: PayPal and Stripe, in order to securely enter their personal credit card details. If the payment is accepted, the order is registered and the contract is definitively formed. Payment by credit card is irrevocable.
Note that in no case are your bank details recorded or managed by the himitsu-karakuri-boutique.com site, but by the secure online payment processing services, PayPal and Stripe.
Article 6. Right of Withdrawal (14 days)
In accordance with article L121-21 of the Consumer Code, the CLIENT has a period of fourteen (14) working days from the date of receipt of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty.
The products must be returned according to the following procedure:
In their original packaging and with the instruction manuals, intact.
Without having been used or worn.
Accompanied by the withdrawal form.
Return shipping costs are the responsibility of the CLIENT.
Attention:
Before exercising your right of withdrawal, please contact us via the link available in your Client Account under the "Order History" section, then "Details." On this page, you will accurately state the reason for the merchandise return.
Or if you do not have a client account, create one or use the "Contact Us" link available on the site.
No return will be accepted without having been previously identified and accepted by Customer Service.
Do not hesitate to contact us if you encounter any difficulty: Your Satisfaction is Our Priority!
Article 7. Delivery
The delivery of the Products will take place, after the payment of the Order has been registered, to the delivery address indicated by the CLIENT during the placement of the Order. The CLIENT is solely responsible for the consequences of an incorrectly written address. An email will be sent to the CLIENT to inform them of the shipment of the Products.
Shipping costs are calculated according to the chosen delivery method. Any exceptional request made by the CLIENT will be borne by the latter.
Delivery times are given for information purposes only: However, if they exceed thirty (30) days from the order date, the sales contract may be terminated and the CLIENT refunded.
Reminder of Article 3 on Prices:
For CLIENTS outside the European Union and DOM-TOM, orders may be subject to local taxes and customs duties in force in the country of receipt. These duties and sums are not the responsibility of the COMPANY. They are the responsibility of the CLIENT.
Article 8. Warranty
We have implemented a quality control procedure for our products to increase customer satisfaction and limit frivolous claims.
However, all products offered by the COMPANY on the himitsu-karakuri-boutique.com site benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In case of non-conformity of a sold product, it may be returned to the COMPANY, which will take it back, exchange it, or refund it. All claims, requests for exchange, or refund must be made by contacting himitsu-karakuri-boutique.com via the "Contact Us" link available on the site, within thirty days after delivery, following the return procedure mentioned in Article 6 of these GTC.
Craftsmanship and Natural Materials Clause:
The wooden products sold on the site himitsu-karakuri-boutique.com (notably secret boxes, mechanical objects, and wooden brain teasers) are of Japanese artisanal manufacture.
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Consequently, the Buyer acknowledges and accepts that wood is a natural material subject to slight evolutionary changes (expansion, contraction) depending on its environment (humidity level, temperature). Slight variations in color, grain appearance, or millimetric tolerance in the mechanisms, inherent to the nature of wood and manual labor, shall not be considered as lack of conformity defects.
Exclusion of Warranty Clause:
The Seller's liability and the application of the legal warranty of conformity or hidden defects are expressly excluded in the following cases:
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- Deterioration of the product resulting from rough handling, a fall, or the forcing of parts and mechanisms.
- Alteration of the wood or jamming of the mechanism due to improper storage conditions (prolonged exposure to sunlight, close proximity to a heat source, exposure to water or high humidity).
- Any use not in accordance with the precautions for use specified on the page of this site named: User Manual: Care and Storage of the Japanese Puzzle Box.
Article 9. Liability
The COMPANY has only an obligation of means for all stages of access to the site, the ordering process, delivery, CLIENT service, or subsequent services. The COMPANY cannot be held liable for any inconvenience or damage inherent in the use of the internet network, including data loss, intrusion, virus, service interruption, pandemic, and other involuntary problems, or any event qualified as force majeure, in accordance with jurisprudence.
The computerized records kept in the COMPANY's information systems under reasonable security conditions will be considered as proof of communications, orders, and payments between the COMPANY and the CLIENT.
Article 10 - Security
The himitsu-karakuri-boutique.com site is subject to a security system: the SSL encryption process has been adopted, and all scrambling and encryption processes have also been reinforced to protect as effectively as possible all sensitive data related to payment methods by the companies PayPal and Stripe.
Article 11 - Intellectual Property
All texts, comments, works, illustrations, and images reproduced on the himitsu-karakuri-boutique.com site are reserved under copyright as well as intellectual property rights and for the whole world. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorized, subject to different, or even more restrictive, provisions of the Intellectual Property Code. Any total or partial reproduction of the himitsu-karakuri-boutique.com site is strictly prohibited, whether in the form of a photo, logo, visual, or text.
Article 12. Personal Data
All the data you entrust to the himitsu-karakuri-boutique.com site are for the purpose of processing your orders.
In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, you have a right to rectify, consult, modify, and delete the data you have provided to us with the seller. This right can also be exercised online via the "Contact Us" link available on the site.
Article 13. Force Majeure
The execution by the COMPANY of all or part of its obligations, including delivery, will be suspended in the event of the occurrence of a fortuitous event or force majeure that would hinder or delay its execution. This includes, but is not limited to, war, riots, insurrection, social unrest, strikes of all kinds, and pandemics. The COMPANY will inform the CLIENTS of the occurrence of a fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the CLIENT will have the option of canceling the current order, and the price of the ordered Products and the delivery costs paid by the CLIENT will then be refunded.
Article 14. Applicable Laws and Competent Courts
The General Terms and Conditions of Sale are subject to French law. Only the French version of these General Terms and Conditions of Sale is authentic. In the event of a difficulty arising during the Order, the delivery of the Products, and more generally the execution of the sale, the CLIENT will have the possibility, before any legal action, of seeking an amicable solution, notably with the help of a consumer association or any other counsel of their choice.
Mediation
If you have not managed to resolve your dispute after sending us a written complaint (by mail or email), dated, recalling the circumstances that gave rise to the dispute and what you are claiming, you can refer the matter to the consumer mediator, designated below, if you have received a negative written response from us or no response two months after sending your complaint.
Before any legal action, the CLIENT has the possibility, in particular according to European Directive No. 2013/11/EU of May 21, 2013 "on the out-of-court settlement of consumer disputes" transposed in articles L.611 to L.616 and R.612 to R.616 of the Consumer Code, to freely refer the matter to a Consumer Mediator.
Thus, the COMPANY has set up a consumer mediation system. The selected mediation entity is: MEDIATION CONSOMMATION DÉVELOPPEMENT/MED CONSO DEV.
In case of a dispute, you can file your complaint on its website: https://medconsodev.eu or by mail by writing to MEDIATION CONSOMMATION DÉVELOPPEMENT / MED CONSO DEV - Centre d’Affaires Stéphanois SAS - Immeuble Horizon - Esplanade de France - 3, rue J. Constant Milleret - 42000 Saint-Étienne.
Article 15. Customer Service
For any information or question about an order, Customer Service will gladly answer you either:
By email: on the "Contact Us" page available on the site.
By phone: +33 7 80 55 48 63.
Do not hesitate to contact us if you encounter any difficulty: Your Satisfaction is Our Priority!