Terms of Service | Japan Avenue

These General Conditions of Sale apply to the sale of any Product supplied by :

The company Ecom Vibe (Japan Avenue) through their website https://japan-avenue.com whose headquarters are located at 66 avenue des Champs Elysées 75008 PARIS, France.

Société par actions simplifiée (simplified limited liability company) registered with the Paris Trade and Companies Register under number 883 427 767 00016.

Its intra-community VAT number is FR37883427767.

Our email address is contact@japan-avenue.com.

The host of the website is TUCOWS INC, located at 96 Mowat Avenue, Toronto, Ontario, M6K 3M1, Canada, whose contact details are Tucows.com - Phone: +33 (0)9 48 23 87 99

Hereinafter the "Company" or the "Vendor",

of Customers who are consumers, i.e. any natural person acting for purposes not within the scope of his commercial, industrial, craft, free or agricultural activity, hereinafter referred to as the "Customer".

All Orders for Products imply the unconditional acceptance and full compliance by the Customer with these General Terms and Conditions of Sale, which take precedence over all other documents, such as catalogs, advertisements and notices, unless expressly agreed otherwise by the Company.
The company sells clothing, accessories, home furnishings and various items for the home.
The Company does not sell Products to minors. If the Customer is under eighteen (18) years of age, he or she may use the Site only under the supervision of a parent or guardian.
The photographs on the Site are non-contractual and may vary significantly from the models photographed. These differences are due to the settings of the different screens and cameras, the lighting of the Products, the angle of the shot, etc.
The Company reserves the right to modify these General Conditions of Sale at any time. In that case, the terms in force on the date of the Order by the Customer shall apply.

Article -2- Customer contact

The Company's customer service and after-sales service can only be contacted via email at contact@japan-avenue.com. In the email, Customers must include their first name, last name, the subject of their request and their Order Number.
For all business inquiries (partnership, media, contract proposals), the company can only be contacted by email at contact@japan-avenue.com.

Article 3- Definitions

"Customer" refers to any consumer customer who has placed an Order.

"General terms and conditions of sale" refers to this contract of sale.

"Order" refers to any order of Products placed on the https://japan-avenue.com website.

"Shopping Cart" refers to all selected Products.

"Products" refers to the goods offered for sale on the Site. Each product presentation lists the price, ability to contact customer service, product presentation, availability and opinions of other consumers if applicable.

"Company" refers to Ecom Vibe SAS.

The "Site" refers to the website https://japan-avenue.com, the exclusive property of the Company.

"Geographical Zone of the Offer" refers to the entire country where the Company offers the Products for sale and where they deliver the Sales Order, i.e. Europe, French Overseas Departments and Territories (DOM TOM) and North America.

Article -4- Placing the order

The Customer places the Order through the Website: the Customer registers and validates the Order on the Website.
In order to place an Order on the Website, Customers may select one or more Products from the Website's catalog by clicking on the "Add to basket" button. On the "Shopping Cart" page, Customers can check the details of their Order and correct any errors before confirming the Order.
On the "Information" page, Customers must enter their contact information. They can choose to follow up their Order by email by checking the required box.
On the "Delivery" page, the Customer must choose the shipping method offered.
On the "Confirmation" page, the Customer must enter this bank information and the billing address. Customers can also enter a promotional code if they have one.
A complete overview of the Order will appear. The Customer may change any part of the Order before completing it. The Customer is responsible for any errors in the Order, Products and contact information.
The sale is validly concluded when the Customer has confirmed the Order by clicking on the "Complete My Order" button, accepted the General Terms and Conditions of Sale and paid according to the terms chosen by the Customer, subject to the exercise of the right of withdrawal.

The Order validation date corresponds to the date of receipt of the cash payment of the total price, including VAT, duly registered.

Article -5- Availability

Product offers are valid as long as they are visible on the Site, and as long as they are in stock, except in the case of promotional offers listed as such on https://japan-avenue.com. In the event that a Product becomes unavailable after the Order has been placed, the Company will notify the Customer by email. The Order will then be automatically canceled and the Company will refund to the Customer all amounts already paid within thirty (30) days of payment.

Article -6- Exercise of the right of withdrawal

For all remote sales transactions, the Customer has a period of thirty (30) free days from the day after taking delivery of the goods or accepting the offer for a service, without justification or payment of penalties on his/her part. The exercise of this right terminates this agreement.

If the thirty (30) day period expires on a Saturday, Sunday or holiday or bank holiday, it will be extended to the next business day. The Customer must notify the Company of this decision by contacting Customer Service at contact@japan-avenue.com.

The Customer then has a further fourteen (14) days from the date on which he/she is notified of his/her decision to withdraw from the contract to return the goods to the Company at the address stated in Article 1. The Customer may not return the Product to the manufacturer.

To this end, the Customer may appoint the carrier of its choice, which will ensure that handling and transportation take place under the best possible conditions. The Customer is responsible for the protective packaging of the Goods. The Company recommends that the Customer return the goods by registered mail.

The costs of returning the Product shall be borne by the Customer, as shall the risks associated with transporting the Product, whatever they may be.
The Customer is liable in case of depreciation of the Product due to treatment other than that necessary to establish the nature, characteristics and proper functioning of these Products, provided that the Company has informed the Customer of its right of withdrawal.

Only new Products returned in their original packaging will be accepted. In case of depreciation of the Product, the return will not be accepted.

Products that have not been sealed after delivery by the Customer cannot be returned.

Article -7- Compensation and costs

When the right of withdrawal is exercised, the Customer is entitled to a refund of all amounts paid.

An email will be sent to the Customer confirming that the returned goods have been received and verified by the Company. The Company will inform the Customer of the decision to approve or reject the refund request.

Refunds will be made within fourteen (14) days from the date the Company is notified of the Customer's decision to withdraw.

The Company will make the refund using the same means of payment used by the Customer for the original transaction.
The exercise of the right of withdrawal within the statutory period terminates the parties' obligation to perform this contract, as well as any ancillary contract, at no cost to the Customer, except those relating to the return of the Products.
If the refund is delayed, the Customer should first contact the credit card issuer, then the bank and finally the Company at the following email address: contact@japan-avenue.com.

Article -8- Prices

The total price of the Order includes the price of the Products, including VAT, and any shipping costs. All Orders must be paid in dollars ($).
Products are billed based on the prices in effect on the Site on the date the Order is accepted. Discount codes, promotions and sales cannot be combined.
Prices and rates may be revised by the Company at any time.

Article -9- Payment

By placing an Order, the Customer certifies that he/she has sufficient financial guarantees for its payment and that he/she will effectively pay the amounts due when due, in accordance with the law.

Invoices must be paid in cash as soon as the Order is confirmed, according to the payment method freely chosen by the Customer.

The Customer may pay for the Order by :

Credit card (Carte Bleue, Visa, Mastercard or American Express): all credit card numbers are encrypted to 256 bits when the Order is placed. They are only decoded on the payment processor's server. This information does not exist in clear text on any website and is therefore not accessible to the Company and third parties.

Paypal

Gift Certificate

If paying by bank card, the card will not be debited until the Order is validated. Payment must be made in cash.

Bank checks are not accepted.
Information related to the purchase transaction is retained for as long as necessary to complete the Order. Once the Order is completed, the information related to the purchase transaction is deleted.

Article -10- Transfer of ownership and risks.

The Customer acquires ownership of the ordered Products the moment the price is paid. Any non-fulfillment by the Customer of his payment obligation, for whatever reason, authorizes the Company to seek a judicial solution to this sales agreement and to demand the return of the Products.
Delivery means the transfer to the Customer of physical possession or control of the Goods. Risk of loss or damage to the goods passes to the Customer at the time the Customer or a third party designated by the Customer, other than the Company's proposed carrier, takes physical possession of the Products.
If the Customer entrusts the delivery of the Product to a carrier other than that proposed by the Company, the risk of loss or damage to the Product shall pass to the Customer when the Product is handed over to the carrier.

Article -11- Delivery times

The delivery period is the period between the confirmation of the Order and the transfer of physical possession of the Product to the Customer, excluding installation or unpacking.

Delivery shall be made within the period specified in the Order, except in cases of force majeure. In the absence of any indication about the delivery date of the Product, the Company will deliver the Product no later than thirty (30) days after the conclusion of the General Terms of Sale.

If the delivery is not made within the time specified by the Company, the Customer may, after notice by the Company, rescind the contract or cancel the sale by registered letter or in writing on another durable medium.

The contract shall be deemed terminated upon the Company's receipt of the registered letter notifying the Company of such termination, unless delivery has since taken place.

Article -12- Delivery conditions

Delivery will be made to the address provided by the Customer when placing the Order. The Company may contact the Customer to verify that the contact information is correct. Items will be shipped from our warehouse in Talant (21240), France.
If delivery cannot take place due to an error in data entry by the Customer, the Customer will be charged for the cost of resending. In this case, the Company cannot be held responsible for the extension of the delivery time.
Delivery is made by a carrier and is carried out according to the carrier's specific terms and conditions.
Delivery is deemed to have taken place as soon as the Products are physically handed over to the Customer by the carrier. The carrier's delivery note, dated and signed by the Customer upon delivery of the Product, shall serve as proof of transport and delivery.

It is the Customer's responsibility to check the condition of the Product delivered in the presence of the delivery person and, in case of damage or missing items, note any reservations on the delivery note and, if necessary, refuse the Product and notify the Company.

Article -13- Liability and legal warranties.

The Company is fully liable to the Customer for the proper fulfillment of the obligations arising from the General Conditions of Sale concluded at a distance, regardless of whether these obligations are performed by the Company itself or by other service providers and in particular by carriers, without prejudice to its right of recourse against the latter.
However, the Company may be released from its liability in whole or in part by proving that the non-performance or improper performance of the General Terms of Sale is due to the Customer, or to the unforeseen and insurmountable act of a third party to the contract, or to a case of force majeure.
If the Product presents a lack of conformity or a hidden defect, the European Customer may choose between the legal guarantee of conformity (a), as provided for in Articles L 217-4 to L 217-14 of the French Consumer Code, and the guarantee against hidden defects of the item sold (b), as provided for in Articles 1641 et seq. of the French Civil Code.

(a) European legal conformity guarantee :

The Company sells products in Europe and North America and is therefore liable for any lack of conformity that existed prior to the purchase of the Products sold, in accordance with the terms of article L. 217-4 et seq. of the French Consumer Code.

This warranty does not cover damage, breakage or defects resulting from failure to comply with delivery instructions.

Defects and deterioration of the delivered Products due to abnormal storage and/or preservation conditions at the Customer's premises, especially in the event of an accident of any kind, shall not entitle the Customer to the warranty owed by the Company.

When invoking the legal warranty of conformity:

- Customer has a period of two (2) years from the date of delivery of the goods to take action;

- the Customer may choose between repair or replacement of the product, subject to the cost conditions of Article L. 217-9 of the French Consumer Code;

- the Customer is exempt from proving the existence of the lack of conformity for a period of twenty-four (24) months from the date of delivery of the goods.

b) Legal warranty against hidden defects

The Company is liable for hidden defects in the goods sold - defects that render the goods unsuitable for their intended use, or that limit that use to such an extent that the Customer would not have purchased the goods, or would have paid a lower price for them, had he known about them - under the conditions described in Article 1641 et seq. of the French Civil Code.

This warranty does not cover damage, breakage or defects resulting from failure to follow the operating instructions.

Defects and deterioration of the delivered Products due to abnormal storage and/or preservation conditions at the Customer's premises, especially in case of an accident of any kind, shall not entitle the Customer to the warranty owed by the Company.

When invoking the legal warranty against hidden defects :

- the Customer has a period of two (2) years from the discovery of the hidden defect to take action.

- the Customer may choose between dissolution of the sale with refund and return of the Product(s) or a reduction of the sale price in accordance with Article 1642-1 of the French Civil Code.

- the Customer must prove the hidden defect.

If the item is defective or damaged upon receipt of the Product, the Customer has the choice between replacement of the Product at no additional cost or full refund of the purchase price.

To benefit from a full refund or replacement of the defective or damaged Product, the Customer must send his/her request to contact@japan-avenue.com, enclosing one or more photos of the defective Product to prove the facts.

Depending on the Customer's address, the time required to receive the exchanged Product may vary.

Products that are on sale or promotional will be refunded at the price the Buyer paid when they placed an Order on the Site. Amounts deducted at the time of purchase through a promotional code and/or a price reduction due to a promotion will not be refunded.

Article -14- Force majeure

In accordance with Article 1218 of the French Civil Code, events beyond the control of the parties, which they could not reasonably expect to foresee and which they could not reasonably avoid or overcome, are considered force majeure or fortuitous events, to the extent that their occurrence renders the fulfillment of obligations completely impossible.
The occurrence of a case of force majeure automatically suspends the execution of the Order.
After a period of ninety (90) calendar days, if the parties determine that the force majeure event persists, the Order may be canceled by either party and the sales contract terminated. To this end, the most affected party shall send the other party a registered letter with acknowledgment of receipt terminating the said sales contract.

The effective date of termination is the date the letter is first presented. In this case, neither party can claim damages unless otherwise agreed by both parties.

Article -15- Intellectual property

All text, comments, works, illustrations and images, both visual and auditory, displayed on the Site are protected by copyright, trademark, image and patent laws. No one may reproduce, exploit, retransmit or use in any way, even partially, elements of the Site. Any simple link or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly permitted, must be withdrawn at the Company's request.
The Site may only be used for private purposes, subject to other or even stricter provisions of French intellectual property law.
Reproduction in whole or in part of the Company's catalog is strictly prohibited. Any other use constitutes an infringement and is punishable under intellectual property law without prior authorization.

Article -16- Processing of personal data

The Company collects the Customer's data:
(a) to process and track the Customer's Order on its Site; (and/or)
(b) to contact you about various events related to the Company, including Product updates and customer relationship management; (and/or)
(c) to collect information that allows us to improve the Site and our Products (in particular through cookies).

The data collected is processed by the Site's contractual service providers, who are responsible for packaging and distributing the Products ordered, and by the hosting service provider, Shopify Inc, whose servers are secured and protected by a firewall.

The data collected shall be kept by the Company only for the period corresponding to the purposes of the above collection, which in no case shall exceed five (5) years.
In accordance with Law No. 2018-493 of June 20, 2018 on the Protection of Personal Data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Customer has the right to access, modify, rectify, delete or object to his or her data on legitimate grounds.
Customers can exercise their rights by sending an e-mail to contact@japan-avenue.com.

Article -17- Comments and other suggestions from users

If Customer sends any ideas, proposals or other materials, whether online, by e-mail, by mail or otherwise (collectively, "Comments"), whether or not requested by Company, Customer grants Company the right at any time and without limitation to edit, copy, publish, distribute, translate and otherwise use the Comments sent to Company by Customer in any media.
The Company is not and will not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for comments provided; (3) to respond to comments.
The Company may monitor, modify or remove content that it, in its sole discretion, considers illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally objectionable, or that violates intellectual property rights or these General Terms of Sale.
The Customer undertakes to write comments that do not infringe the rights of third parties, including copyrights, trademarks, confidentiality, personality or other personal or proprietary rights. The Customer undertakes not to include in his/her comments illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software that may affect the operation of the Site or other associated websites. The Customer undertakes not to use a false email address, not to impersonate anyone else and not to attempt to mislead the Company and/or third parties as to the origin of his/her comments.
The Customer is fully responsible for the published comments and their accuracy. The Company assumes no responsibility or liability with respect to any comments published by the Customer or any third party.

Article -18- Applicable law and dispute resolution.

The General Conditions of Sale are governed by French law.

The Site reserves the right to bring criminal charges against any attempted fraudulent purchase or purchase with a prohibited, stolen or forged bank card. In this context, no attempt at amicable settlement will be accepted.

The nullity of any clause of these General Conditions of Sale does not affect the validity of the other provisions and does not relieve the Customer from the performance of his contractual obligations.

Compensation

You agree to defend, indemnify and hold harmless Company, its affiliates, officers, subsidiaries, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees from and against any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our products and services, your violation of the Terms, or your breach of your acknowledgments, agreements, representations, warranties and obligations hereunder.

National or cross-border disputes arising from the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the Customer's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.choose Language, Médiateur agréé par la Commission d'Evaluation et de Contrôle de la Médiation de la Consommation (CECMC), is appointed Consumer Ombudsman, to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [01/05/ 2019].

The European Commission website describes the mediation procedure used and allows customers to submit a request for mediation online with supporting documents.
In particular, the dispute cannot be examined by the mediator if :

- the Customer cannot demonstrate that it has previously attempted to resolve the dispute directly with the Company through a written complaint,

- the claim is clearly unfounded or offensive,

- the dispute has been previously investigated or is being investigated by another mediator or by a court,

- the consumer submitted his request to the mediator more than one year after his written complaint to the Company,

- the dispute is not within its jurisdiction.

The mediation shall be free of charge to the Customer. If, at any stage of the mediation, the Client uses a lawyer, a third party of his choice or an expert to defend him, he alone shall bear the costs.
The mediator may not receive instructions from the parties or be rewarded based on the outcome.
Participation in mediation does not exclude the possibility of recourse to the courts. The parties are free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is assigned to the competent French court.
The Site reserves the right to bring criminal charges against any attempted fraudulent purchase or acquisition with a prohibited or blocked bank card, or a stolen or forged check. No attempt at amicable settlement will be accepted in this context.
The fact that a clause of these General Terms of Sale becomes void and unenforceable does not affect the validity of the other provisions and does not relieve the Customer from the performance of its contractual obligations.