The present general sales conditions (hereinafter the ‘General Conditions’) apply to every purchase made by an Internet user/natural person (hereinafter the ‘CLIENT’) on the Internet site https://takumif.com/ (hereinafter the ‘SITE’) with Euro JapanCrossing, registered in the Societies and Commerce Registry under number 500 794 383 00025, with headquarters at 62 Rue Amelot 75011 PARIS, France, Telephone 01 42 63 59 90, email: firstname.lastname@example.org (hereinafter the ‘SELLER’).
Every order made via the SITE compulsorily implies the unreserved acceptance of the present general terms and conditions of sale.
Article 1. DEFINITION
The terms used hereinafter have, in the present General Conditions, the following definitions:
« CLIENT’» : designates the co-contractor of the SELLER, who guarantees having consumer status as defined by French law and case law. As such, it is specifically provided that this CLIENT acts outside of any common or commercial activity.
- « DELIVERY » : designates the first presentation of PRODUCTS ordered by the CLIENT at the delivery address indicated when the order was placed.
- « PRODUCTS » : designates the set of products available on the SITE.
- « TERRITORY » : designates Metropolitan France, including Corsica (excluding overseas departments and territories) and the Eurozone.
Article 2. OBJECT
The present General Conditions govern the sale of PRODUCTS by the SELLER to its CLIENTS. The CLIENT is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the commercial service of the SELLER in order to benefit from different contractual conditions
Article 3. ACCEPTANCE OF THE GENERAL CONDITIONS
The CLIENT agrees to carefully read the present General Conditions and accept them before proceeding to the payment of a PRODUCT order placed on the SITE. The present General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before ordering. The CLIENT is invited to read carefully, download, and print the General Conditions and to keep a copy. The SELLER advises the CLIENT to read the General Conditions with each new order, the most recent version of said Conditions applies to every new order of PRODUCTS. By clicking on the first button to order and then on the second to confirm said order, the CLIENT acknowledges having read, understood, and accepted the General Conditions without limitation or condition.
Article 4. OPENING AN ACCOUNT – BUYING PRODUCTS ON THE SITE
To be able to buy a PRODUCT, the CLIENT must be at least 18 years of age and hold the legal ability to do so or, in the case of a minor, be able to show proof of permission of his/her legal representatives. The CLIENT will be asked to provide identification information by completing the form available on the SITE. The sign (*) indicates the required fields that must be filled in order for the CLIENT’S order to be processed by the SELLER. The CLIENT can verify the status of his order on the SITE. The tracking of DELIVERIES can, if applicable, be made by using the online tracking tools of certain couriers. The CLIENT can also contact the commercial service of the SELLER at any time via email at the address email@example.com, in order to get information about the status of his order. The information that the CLIENT provides to the SELLER for an order must be complete, exact, and up to date. The SELLER reserves the right to ask the CLIENT to confirm, by every appropriate means, his/her identity, eligibility, and the communicated information.
Article 5. ORDERS
Article 5.1 Characteristics of the products
The SELLER endeavours to present the main features of the PRODUCTS as clearly as possible (on product descriptions available on the SITE) and the mandatory information that the CLIENT must receive by virtue of applicable law (in the present General Conditions). The CLIENT engages in carefully reading this information before ordering on the SITE. The SELLER reserves the right of modifying the selection of PRODUCTS available on the SITE, specifically due to constraints related with suppliers. Unless expressly stated otherwise on the SITE, all the PRODUCTS sold by the SELLER are new and in accordance with current European legislation and laws applicable in France.
Article 5.2. Order procedure
PRODUCT orders are made directly on the SITE. To place an order, the CLIENT must follow the steps described below (please note that depending on the CLIENT’s starting page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CLIENT must select the PRODUCT(s) of their choice by clicking on the PRODUCTS(s) concerned and choosing the desired features and quantities. Once a PRODUCT has been selected, that PRODUCT is placed in the CLIENT’s basket. The latter can then add as many PRODUCTS to the basket as he wishes.
Once the PRODUCTS have been selected and placed in the basket, the CLIENT must click on the basket and verify that the contents of the order are correct. If the CLIENT has not already done so, they will then be invited to log in or register. Once the CLIENT has validated the contents of the basket and logged in/registered, a completed form will be displayed re-stating the price, applicable taxes, and, if applicable, delivery costs. The CLIENT is invited to check the contents of his order (the quantity, the features and the references of the ordered PRODUCTS, billing address, means of payment, and the price) before validating. The CLIENT can then proceed to paying for the PRODUCTS by following the instructions on the SITE and filling in all the necessary information for billing and DELIVERY of the PRODUCTS.
Concerning the PRODUCTS for which options are available, specific references appear once the correct options have been selected. The orders must include all the necessary information for order processing. The CLIENT must also indicate the chosen delivery mode.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the SITE which acknowledges reception of the CLIENT’s order. A copy of the acknowledgement of receipt of the order is automatically addressed to the CLIENT by email, on condition that the communicated email address by the filler of the inscription form is correct. The SELLER does not send any order confirmation by postal mail or fax.
During the order process, the CLIENT must provide the necessary information for billing (the sign [*] will indicate the mandatory fields to complete so that the CLIENT’s order can be processed by the SELLER). The CLIENT must clearly indicate all the information concerning DELIVERY, particularly the exact DELIVERY address, as well as any codes needed to access the DELIVERY address. The CLIENT must specify the chosen means of payment. Neither the order form/purchase order that the CLIENT completes online, nor the acknowledgement of receipt of the order that the SELLER sends to the CLIENT via email constitutes an invoice. However the order was placed or paid for, the CLIENT will get an original invoice that will be located inside the parcel when the PRODUCTS are DELIVERED.
5.3. Date of the order
The date of the order is the date on which the SELLER acknowledges online receipt of the order. Any estimated delivery times/dates indicated on the SITE do not start until this date.
For all PRODUCTS, the CLIENT will find prices displayed in euros, including all taxes on the SITE, as well as all applicable delivery costs (based on the weight of the parcel – excluding packaging and gift-wrapping – the DELIVERY address and the chosen carrier). In particular, the prices include the Value Added Tax (VAT) and other taxes in force on the order date. Any modification of the applicable taxes can impact the price of the PRODUCTS starting from the date of entry in force of the new rate. The applicable VAT taxes are expressed as a percentage of the value of the PRODUCT sold. Suppliers’ prices for the SELLER may change. As a result, the prices indicated on the SITE can change. They can also be modified in case of any special offers or promotions. The indicated prices are valid, unless there is a major error. The applicable price is that which is indicated by the SITE on the date on which the order is placed by the CLIENT.
5.5. Availability of PRODUCTS
Depending on the concerned PRODUCT, the SELLER applies lean production stock managing. Consequentially, in certain cases, the availability of PRODUCTS depends on the SELLER’s stocks. The SELLER commits to honour orders received under the condition that the PRODUCTS are available. Any unavailable PRODUCT is, in principle, indicated on the page of the concerned PRODUCT. The CLIENTS can also be informed of the restock of a PRODUCT by the SELLER. Whatever the cause, if the unavailability is not indicated at the moment of the order, the SELLER pledges to inform the CLIENT as soon as possible if the PRODUCT is not available.
The SELLER can, on request of the CLIENT: Propose to ship all the PRODUCTS at the same time as soon as the unavailable PRODUCTS are restocked, or Send a partial order of the available PRODUCTS first, shipping the rest of the order when the other PRODUCTS are available, in the condition that clear communication is provided about any extra shipping fees that may be incurred, or Propose an alternative PRODUCT of equivalent price and quality, to be accepted by the CLIENT.
If the CLIENT decides to cancel the order of unavailable PRODUCTS, there will be a refund of all costs associated with the unavailable PRODUCTS, without delay and no later than thirty (30) days from payment.
Article 6. Right of retraction
The terms and conditions of retraction are detailed on the ‘withdrawal policy’ which is available on Annex 1 of the present conditions and accessible on bottom of each page of the SITE via a hypertext link.
Article 7. PAYMENT
7.1. Means of payment
The CLIENT can pay for the PRODUCTS online on the SITE using the means proposed by the SELLER. The CLIENT guarantees to the SELLER that they hold all the necessary authorisations to use the chosen method of payment. The SELLER will take all the necessary measures to ensure the security and confidentiality of the data transmitted online in the framework of online payment on the SITE. It is therefore specified that all information relative to the payment given on the SITE is transmitted to the bank of the SITE and is not treated on the SITE.
7.2. Date of payment
In case of one-time payment by credit card, the CLIENT’s account will be debited as soon as the order of PRODUCTS is placed on the SITE. In case of partial DELIVERY, the total price will be debited from the CLIENT’s account as soon as the first parcel is shipped. If the CLIENT decides to cancel his order of unavailable PRODUCTS, the reimbursement will be done in accordance with the last paragraph of article 5.5 of the present General Conditions.
7.3. DELAY OR REFUSAL OF PAYMENT
If the bank refuses to debit a card or another means of payment, the CLIENT must contact the SELLER’s Customer Service in order to pay for the order by another valid means of payment. In the case of opposition, refusal or other, for any reason, the transmission of the payment due by the CLIENT becomes impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract finished with the CLIENT for an order of a sum superior to 120 euros (including any tax) will be archived by the SELLER for ten (10) years in accordance with article L134-2 of the consumer code. The SELLER accepts archiving this information in order to ensure a tracking of transactions and to produce a copy of the contract on request of the CLIENT. In case of litigation, the SELLER will have the possibility to prove that his system of electronic tracking is trustworthy and that he guarantees the integrity of the transaction.
Article 9. Property transfer
The SELLER remains the owner of the PRODUCTS delivered until the CLIENT’s completed payment. The above provisions shall not prevent the transfer to the CLIENT, on receipt by him/her, or by a designated third party – other than the courier – the risks of loss of or damage to the PRODUCTS that are the object of ownership, as well as of the risks of damage that they may cause.
Article 10. Delivery
The modes of DELIVERY of PRODUCTS are designated during the CLIENT’s order.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with the transportation laws in force, in order to guarantee a maximum of protection for the PRODUCTS during DELIVERY. The CLIENTS agree to respect these same norms when returning the PRODUCTS in accordance with the conditions fixed in Annex 1 – Withdrawal policy.
Article 12. Guarantees
12.1. Conformity guarantee
The SELLER is required to deliver a compliant PRODUCT, ie suitable to the expected use for similar goods and corresponding to the description given on the SITE. This conformity also means that the PRODUCT has the characteristics that a buyer can legitimately expect concerning public statements made by the SELLER, including advertisements and package labels. In this context, the SELLER is liable for any conformity flaws existing at the time of delivery as well as conformity flaws resulting from the packaging, assembly instructions, or the installation instructions when the latter has been left in their hands or under their responsibility. Any action resulting from conformity flaws is stipulated to be two (2) years, to be counted from the DELIVERY of the PRODUCT.
In case of conformity flaws, the CLIENT can ask for their choice of replacement or repair of the PRODUCT. However, if the cost of the CLIENT’s choice is clearly disproportionate compared to the other option, taking into account the value of the PRODUCT or the importance of the flaw, the SELLER can issue a refund, without following the option chosen by the CLIENT. In cases in which a replacement or a repair are impossible, the SELLER commits to reimbursing the price of the PRODUCTS within 30 days from reception of the returned PRODUCT and in exchange of the return of the PRODUCT by the CLIENT to the following address: 101bis,quaiBranly75015Paris, France
12.2. Warrant for hidden defects
The SELLER is bound by a guarantee for any hidden defects of PRODUCTS sold that render them unsuitable for their destined usage, or that significantly diminish this usage so that the CLIENT would not have purchased it, or would have been given a lower price, if these defects had been known. This guarantee allows a CLIENT that can prove the existence of a hidden defect to choose between a full refund of the PRODUCT’s price if it is returned, or a partial refund if the PRODUCT is not returned. In a case in which a replacement or a repair are impossible, the SELLER commits to reimbursing the price of the PRODUCT in 30 days from the reception of the returned PRODUCT, and in exchange of the shipping of the PRODUCT by the CLIENT to the following address 101bis,quaiBranly75015Paris, France.
Actions resulting from hidden defects must be filed by the CLIENT within two (2) years to be counted from the discovery of the defect.
Article 13. Responsibility
The responsibility of the SELLER cannot, in any case, be engaged in the event of a lack of execution or bad execution of the contractual obligations by the CLIENT, especially when placing an order.
The SELLER cannot be held responsible, or be considered as having failed in that area, for any delay or lack of execution, when the cause of said delay or inexecution is tied to a force majeure case as defined by the case law of French courts and tribunals. In addition, it is specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes any responsibility due to the information published there. Links to websites of third parties are provided only for informational purposes only and no guarantee is provided regarding their content.
Article 14. Personal data
The CLIENTS can, at any moment, unsubscribe either by logging in to their account or by clicking the link displayed on the bottom of each offer received by email.
The data can be communicated, in whole or in part, to the service providers of the SELLER that take part in the order process. For commercial purposes, the SELLER can transfer the names and data of its CLIENTS to its commercial partners on the condition that those CLIENTS have given their prior agreement in the registration process on the SITE.
The SELLER will specifically ask to the CLIENTS if they want their personal data to be disclosed. CLIENTS may change their minds at any time on the SITE or by contacting the SELLER.
The SELLER may also ask its CLIENTS if they wish to receive commercial information from its partners.
In accordance with law no. 78-17 of 6 January 1978 relating to data processing, data files, and individual liberties, the CLIENT benefits from access rights, amendments, opposition (for legitimate reasons), and deletion of personal data. This right may be exercised by sending an email to : firstname.lastname@example.org or by sending a letter to TAKUMI FLAVOURS – 101bis,quaiBranly75015Paris, France.
It is necessary that the CLIENT be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity card.
Article 15. Customer claims/complaints
The SELLER makes customer service by telephone available to the CLIENT at the following number: 01 42 63 59 90.
Any written complaints by the CLIENT must be sent to the following address: TAKUMI FLAVOURS – 101bis,quaiBranly75015Paris, France.
Article 16. Intellectual property
All the visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark, and/or patent law. These elements are the exclusive property of the SELLER. Any webmaster wishing to create a direct link to the SITE must ask for the authorisation of the SELLER in writing.
This authorisation of the SELLER is never granted in a definitive manner. This link must be deleted at the request of the SELLER. The links on the SITE that use techniques such as framing or insertion of hypertext links (inline linking) are strictly forbidden.
Article 17. Validity of the General Conditions
Any modification of the norms in force, or any decision of a competent court overruling one or more clauses of the present General Conditions would not affect the validity of the present General Conditions. One such modification or decision does not, in any case, authorise the CLIENTS to ignore the present general conditions.
All conditions not expressly treated here will be ruled in accordance with the custom of the retail sector for the companies whose headquarters are located in France.
Article 18. Modification of the General Conditions
The present General Conditions apply to every purchase made online on the SITE, since the SITE is available online.
The General Conditions are dated in a precise manner and can be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
The modifications brought to the General Conditions will not apply to previously purchased PRODUCTS.
Article 19. Jurisdiction and applicable law
The present General Terms and Conditions, as well as the relations between the CLIENT and the SELLER are governed by French law.
In case of litigation, only the French courts will be competent. However, prior to any arbitral or state judge, negotiation will be attempted in the spirit of loyalty and good faith, to try and reach an amicable agreement when any conflict arises relative to the present contract, including its validity.
The party wishing to start the negotiation process must inform the other party by registered letter with acknowledgement of receipt indicating the elements of the conflict. If, at the end of a fifteen- (15) day period, the parties have not reached an agreement, the dispute will be submitted to the competent jurisdiction hereafter designated. Throughout the negotiation process, and until its outcome, the parties shall refrain from exercising any legal action against one another and for the conflict that is the object of the negotiation. Notwithstanding, the parties shall be entitled to file for interim relief or to request the issuance of an order on application. Any eventual action before the referral jurisdiction or the implementation of proceedings on application shall not entail, on the side of the parties, any waiver of the amicable settlement clause, unless expressly agreed otherwise.
The CLIENT, in principle, holds the right to send back or return the PRODUCT to the SELLER or to a person designed by the latter, without excessive delay, and at the latest in the fourteen (14) days following the communication of the decision to retract, unless the SELLER proposes to recover the PRODUCT himself.
Returns are accepted in a 14-day period after receiving the order, for all products purchased at https://takumif.com/.
- The product must be unused and in its original packaging.
- Send the parcel to the following address: 101 bis, Quai Branly 75015 Paris, France.
The return costs (to TAKUMI FLAVOURS) are the CLIENT’s responsibility. TAKUMI FLAVOURS is not responsible in the event of loss of the parcel, it is therefore advised to use delivery against signature.
Returns are accepted from abroad, please refer to the conditions above.
Note : for every purchase of a TAKUMI FLAVOURS product made in a shop, please contact the shop directly.
The CLIENT shall bear the direct return costs of the PRODUCT.
Condition of the returned goods
The PRODUCT must be returned according to the SELLER’s directions and include all the delivered accessories.
The CLIENT shall only be liable with respect to any depreciation of goods resulting from handling other than that which is necessary for checking the nature, features, and the functioning of the PRODUCT. In other words, the CLIENT can test the PRODUCT, but may be held responsible if non-necessary manipulations are performed.
The PRODUCTS are packaged in accordance with in-force transportation norms, in order to guarantee maximal protection for the PRODUCTS during DELIVERY. CLIENTS should respect the same norms when they return PRODUCTS. Thus, the CLIENT is invited to return unsuitable PRODUCTS in their original packaging and in good condition, appropriate for putting it back on sale.
Exclusions of the retraction right
The retraction right is excluded in the following cases:
Supply of goods manufactured according to the specifications of the CLIENT or clearly personalised (PRODUCT WITH PERSONALISATION).
Proposed PRODUCTS can only be delivered in the TERRITORY. It is not possible to process an order for any delivery address located ouside of this TERRITORY.
PRODUCTS are delivered to the delivery address(es) that the CLIENT indicates during the order process.
The necessary time for preparing an order and issuing an invoice before delivering in-stock PRODUCTS is mentioned on the SITE. These lead times do not include weekends and holidays.
An electronic message will automatically be addressed to the CLIENT upon shipment of the PRODUCTS, with the condition of that the email address on the form is correct.
Delivery times and costs
During the order process, the SELLER indicates to the CLIENT the periods and possible delivery options for the purchased PRODUCTS.
The shipping costs are calculated based on on the delivery mode. The amount of these costs will be due by the CLIENT in addition to the price of the purchased PRODUCTS.
Details about delivery periods and costs are on the SITE.
The parcel will be sent to the CLIENT without a signature or against signature with presentation of an identity document. In case of the CLIENT’s absence, a notice will be left for the CLIENT.
The CLIENT is informed of the set delivery date the moment the shipment method is chosen at the end of the ordering process, but before confirming the order.
It is specified that deliveries will be done within thirty (30) days maximum. Failing that, the CLIENT must ask the SELLER to deliver in a reasonable period and in the case of the delivery not taking place within said period, the CLIENT can terminate the contract.
The SELLER shall reimburse, without excessive delay, from the reception of the termination letter, the total amount payed for the PRODUCTS, taxes and delivery costs included, to the CLIENT by the same means of payment that was used by the CLIENT to buy the PRODUCTS.
The SELLER is responsible until delivery of the PRODUCT to the CLIENT. The CLIENT is reminded that they have a three- (3) day period to notify the carrier of any damages or partial losses observed upon delivery.