Effective date: October 31st, 2021.
1 – PURPOSE
The present general conditions of sale apply without restriction or reserve to all online sales offered by the company SHIGETA (hereinafter, the “Seller” or “SHIGETA“) on the website www.shigetaparis.com (hereinafter, the “Site“).
The Site is an e-commerce platform, which allows Internet users (hereinafter, the “Buyers” or the “Purchasers“) to acquire SHIGETA, offered for sale on the Site (hereinafter, the “Products“)
The purpose of the present terms and conditions is to define the terms and conditions governing the online sale and delivery of Products, as well as to define the rights and obligations of the parties within this framework.
They are accessible and printable at any time by a direct link at the bottom of the Site.
The applicable version of the general conditions is the one available online on the Site at the date of the Buyer’s order, a copy of which is sent to him/her with his/her order confirmation.
The present general conditions of sale prevail over any other general or particular conditions not expressly agreed by SHIGETA.
They may be supplemented, if necessary, by specific terms of use for certain services offered on the Site, which supplement these general terms and conditions and, in the event of contradiction, prevail over them.
The fact that SHIGETA does not avail itself at a given time of any of the general conditions of sale cannot be interpreted as a renunciation to avail itself later of any of the said conditions.
The nullity of a contractual clause does not entail the nullity of the general conditions of sale. The temporary or permanent non-application of one or more clauses of the general terms and conditions of sale by SHIGETA shall not constitute a waiver of the other clauses of the general terms and conditions of sale, which shall continue to have effect.
The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, by SHIGETA or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure or updating of the Site. SHIGETA cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
SHIGETA does not warrant that the Site will be free from defects, errors or bugs, or that the Site will operate without failure or interruption. In this regard, it may freely determine in its sole discretion any period of unavailability of the Site or its content. SHIGETA cannot be held responsible for data transmission problems, connection problems or network unavailability.
2 – SELLER’S IDENTITY AND CONTACT
The Site is operated by the company SHIGETA, a French joint stock company, registered with the RCS of Paris under the number 519 493 258, whose registered office is located 116 rue du Bac – 75007 Paris (France), which offers the Products for sale.
SHIGETA can be contacted at the following coordinates, particularly for any complaint:
Mailing address: 116 rue du Bac – 75007 Paris (France)
Telephone: +33 (0) 1 42 30 58 45
E-mail address: info@shigetaparis.com
3 – LEGAL CAPACITY AND ACCEPTANCE OF THE GENERAL CONDITIONS
1. Legal capacity
The Site is accessible:
- Any natural person with full legal capacity to commit to these terms and conditions. A natural person who does not have full legal capacity may only access the Site with the agreement of his or her legal representative.
- Any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
2. Acceptance of the general conditions
The acceptance of the present general conditions by the Buyer is materialized by a box to be ticked in the order form. This acceptance can only be full and complete. Any acceptance under reserve is considered null and void. The Buyer who does not accept to be bound by the present general conditions must not place an order on the Site.
3. Registration on the Site
Placing an order on the Site requires the Buyer to register on the Site by filling out the form provided for this purpose.
In all cases, the Buyer must provide all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the name of the Buyer (hereinafter, the “Account“), giving him/her access to a personal space (hereinafter, the “Personal Space“) which allows him/her to manage his/her purchases in a form and according to the technical means that SHIGETA judges the most appropriate.
The Buyer warrants that all information provided by him/her in the registration form is accurate, current and truthful and is not misleading.
He/she agrees to update this information in his/her Personal Space in the event of modifications (in particular: change of postal address), so that it always corresponds to the above-mentioned criteria.
The Buyer is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the Buyer is binding upon validation.
The Buyer can access his/her Personal Space at any time after having identified himself/herself with his login and password.
The Buyer undertakes to use his/her Account personally and not to allow any third party to use it in his/her place or on his/her behalf, unless he bears full responsibility.
He/she is also responsible for maintaining the confidentiality of his login and password, any access to the Site using the latter being deemed to be made by the Buyer. The latter must immediately contact SHIGETA at the address mentioned in article 2 of the present document if he/she notices that his/her Account has been used without his/her knowledge. He/she acknowledges the right of SHIGETA to take all appropriate measures in such a case.
4 – CHARACTERISTICS OF THE PRODUCTS
Prior to any online order and in application of the provisions of article L111-1 of the French Consumer Code, the Buyer may take note, on the Site, of the characteristics of each Product he/she wishes to order.
Essential oils are very powerful concentrates and can be dangerous if not used properly.
Essential oils are not harmless products and contain very high percentages of active substances.
The information provided on the Site comes from reference books in aromatherapy. It is provided for information purposes only and in no way constitutes medical information, nor does it engage the responsibility of SHIGETA.
For any use of essential oils for therapeutic purposes, SHIGETA reminds you to consult a doctor or a pharmacist competent in aromatherapy.
Essential oils should not be applied to the eyes, around the eyes, or in the ears. SHIGETA advises against the use of essential oils by pregnant or breastfeeding women, people with epilepsy, hypersensitive people or people with hormone-dependent cancer, and more generally those with health problems. Except medical advice, do not use essential oils on babies and children under 3 years old. For children over 3 years old, use them only under medical supervision.
Always keep essential oils out of reach and sight of children.
SHIGETA shall not be held responsible for any damage caused by misuse of any of its Products or by failure to observe the precautions for use and the health and safety conditions when using any of its Products.
The Products are offered for sale online within the limits of available stocks and according to their arrival, or subject to the possibility of ordering them if necessary.
The information concerning the Products, given on each sales page, is that communicated to SHIGETA by the suppliers of these Products.
SHIGETA will make sure that the photographs and descriptions of the products on the Website are as faithful as possible to the products themselves. The Products offered for sale are described and presented with the greatest possible accuracy. Nevertheless, a minimal variation in the color of the Product(s) does not engage the responsibility of SHIGETA and does not affect the validity of the sale.
5 – ORDERING
1. Placing an order
To place an order, the Buyer must select the Product of his/her choice and place it in his/her basket.
The Buyer can access the summary of his/her basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered.
The order is considered received by SHIGETA when it is definitively validated by the Buyer.
2. Order Confirmation
At the end of his order, the Buyer receives by email a confirmation of it which :
- summarizes the elements of the order and the expected delivery time,
- includes the general conditions in force on the day of the order.
The Buyer must make sure that the contact information entered in his Account is correct and that it allows him to receive the confirmation email of his order. If he/she does not receive it, the Buyer must contact SHIGETA at the address mentioned in article 2.
SHIGETA recommends that the Buyer retain the information contained in the order confirmation.
6 – PRICES AND PAYMENT TERMS
1. Price
The sale prices of the Products are displayed on the Site.
They are indicated in euros, all taxes included (French VAT and other applicable taxes).
SHIGETA reserves the right, at its sole discretion and on terms to be determined by it, to make promotional offers or price reductions.
Prices do not include delivery charges that may be applicable to the delivery of the Products, which are invoiced in addition to the price of the Products. The amount of the applicable delivery charges will be indicated before the validation of the order by the Purchaser.
The applicable price is the one displayed on the Site at the time of the registration of the order of the Purchaser.
2. Terms of payment
The full price of the Products is due upon order.
Payment can be made online by credit card, through the secure online payment service indicated on the Site.
The Buyer guarantees to SHIGETA that he has the necessary authorizations to use the chosen method of payment.
SHIGETA reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
3. Billing
The invoice corresponding to each order made by the Buyer is sent to the Buyer by email, to the address indicated in his registration form.
- Reservation of ownership
SHIGETA retains full ownership of the Products sold until full payment is received, including delivery charges.
7 – DELIVERY
1. Delivery territory
The Buyers are expressly informed that the Site only offers delivery of Products only in the territories mentioned on the Site (whole world).
2. Delivery methods
The delivery of Products ordered on the Site is made to the address indicated at the time of the Buyer’s order as the “delivery address” (which may be different from the billing address), or to a relay point of the Buyer’s choice, which may only be located in the territory concerned.
Different delivery methods may be possible, depending on the categories of Products and their weight.
The Buyer is informed before the validation of his order of the possible modes of delivery for the ordered Product as well as the times and expenses corresponding to each of these modes.
The Buyer must select the desired method of delivery and provide all the information necessary for the effective delivery of the Product according to this method.
The Buyer is solely responsible for collecting the delivered Products within the required timeframe.
The Buyer shall ensure that the information provided is accurate and remains accurate until the Product(s) ordered have been delivered. The Buyer undertakes to inform SHIGETA of any change in billing and/or shipping information that may occur between the time of placing the Order and the time of delivery, by sending an e-mail to the customer service address. Failing this, in the event of late delivery and/or wrong delivery, the Buyer shall in no way hold SHIGETA responsible for the non-delivery of the goods, and SHIGETA’s customer service department shall contact the Buyer to arrange for a second delivery at the Customer’s expense.
3. Shipping costs
The delivery costs will be indicated on the summary of the order.
Delivery costs vary depending on whether the Products are delivered to a relay point selected by the Buyer, or directly to the address indicated when ordering.
4. Delivery times
The company undertakes to deliver the product(s) within a period not exceeding 20 working days from the date of the Order.
8 – RIGHT OF WITHDRAWAL
The right of withdrawal will be exercised in accordance with the terms and conditions set out in the Consumer Code.
All Products can be retracted, except those excluded by article L. 221-28 of the Consumer Code, reproduced below:
The right of withdrawal cannot be exercised for contracts:
1° The supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer’s prior express agreement and express waiver of his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3° Supply of goods made to the consumer’s specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
8° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
(12) The provision of accommodation services, other than residential accommodation, transportation services, car rentals, catering or leisure activities that are to be provided on a specific date or at a specific time;
13° The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal.
Apart from this type of Products, the Buyer has a period of 14 (fourteen) working days, as from the date of receipt of the ordered Products, to retract without having to justify his reasons nor to pay penalties, except for the expenses of return which remain with his load and which he will have to discharge.
The Buyer who wishes to exercise his right of withdrawal must send to SHIGETA at the address mentioned in article 2 hereof, before the expiry of the above-mentioned period, the withdrawal form annexed to these general conditions duly completed, or a statement clearly expressing his wish to withdraw and including his order number.
The Products must be returned to SHIGETA in their original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following the communication by the Buyer of its desire to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is considered responsible in case of deterioration of the Products during their return to SHIGETA.
The Purchaser will be refunded as soon as possible and at the latest within 14 (fourteen) days as from the date of effective reception by SHIGETA of the request for withdrawal of the entirety of the sums paid for its order, deduction made if necessary of the expenses of return, which remain the responsibility of the Purchaser. However, SHIGETA reserves the right to defer this refund until the effective recovery of the Products.
In accordance with Article L.221-23 of the Consumer Code, the Buyer is informed that he/she is only liable to SHIGETA for any depreciation of the product(s), returned following the exercise of his/her right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this or these goods.
9 – LEGAL GUARANTEES
However, the Buyer benefits from the legal guarantees of non-conformity as well as from the hidden defects of the thing sold, including the defects of conformity resulting from the packing of the Products ordered on the Site.
If the Buyer finds that the Product delivered to him/her has a defect, a lack of conformity or is damaged, he/she must inform SHIGETA at the address mentioned in article 2 hereof, indicating the nature of the defect, the lack of conformity or the damage found and sending him/her any useful evidence, in particular in the form of photograph(s).
SHIGETA will organize with the carrier of its choice the modalities of the return, of which it will inform the Purchaser by any useful means. SHIGETA will bear the costs of this return.
The Products must be returned to SHIGETA in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products that do not comply with the terms and conditions described above will not be accepted.
SHIGETA will proceed to the necessary verifications and will propose to the Purchaser the replacement of the Product as far as possible. If the replacement of the Product is impossible, SHIGETA will refund to the Purchaser the entire price paid for the Product as well as the corresponding delivery charges, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which SHIGETA will have informed him of the impossibility of replacing the Product.
The legal texts relating to the legal guarantees are reproduced in Appendix 1 hereof.
10 – OBLIGATIONS OF BUYERS
The Purchasers are solely responsible for the choice and use they make of the Products. It is their responsibility to verify the suitability of the Products to their specific needs and constraints prior to purchasing said Products.
They must also take the necessary measures to save by their own means the information in their Personal Space that they deem necessary, of which no copy will be provided.
Finally, it is the responsibility of the Purchasers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
11 – RESPONSIBILITY OF SHIGETA
- SHIGETA undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this respect, SHIGETA reserves the right to temporarily interrupt access to the Site for maintenance purposes. Similarly, SHIGETA shall not be held responsible for any difficulties or temporary impossibility of access to the Site due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunications networks.
- SHIGETA does not provide the Buyer with any warranty as to the suitability of the Products to Buyer’s needs, expectations or constraints.
- The liability of SHIGETA is excluded in case of direct or indirect damage to property or persons, suffered by the Buyer or a third party, and resulting from the following cases:
- Negligence or misconduct by the Buyer or a third party; Any use under conditions that are clearly not in conformity with the use of the Products.
- SHIGETA shall not be held liable for the non-performance or delay in performance of the sales contracts due to circumstances beyond its control or to a case of force majeure, it being expressly specified that the following are considered as cases of force majeure, in addition to those usually retained by the jurisprudence of French courts exceptional weather conditions, natural disasters, fires and floods, lightning, attacks, breakdown or blockage of telecommunication networks, means of transport or postal services, including strikes, damage caused by viruses for which the security measures available on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying these general conditions.
- In any event, the liability that may be incurred by SHIGETA hereunder is expressly limited to proven direct damages suffered by the Buyers.
12 – INTELLECTUAL PROPERTY
The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by SHIGETA within the Site are protected by all intellectual property rights or rights of producers of databases in force. All disassemblies, decompilations, decryptions, extractions, reuses, copies and more generally, all acts of reproduction, representation, diffusion and use of any of these elements, in whole or in part, without the authorization of SHIGETA are strictly prohibited and may be subject to legal proceedings.
13 – PERSONAL DATA, NEWSLETTER AND OPPOSITION LIST TO TELEPHONE SOLICITATION
1. Personal data
SHIGETA practices a policy of personal data protection whose characteristics are explained in the document entitled “Privacy Policy” which the Buyer is expressly invited to read.
SHIGETA understands that the protection of data and privacy is an issue for all Internet users visiting the Site. SHIGETA is committed, in accordance with the RGPD regulation, to respect your privacy and to protect your personal data, i.e. data that may identify you directly or indirectly as a person.
As part of the Order, SHIGETA is required to collect personal data from the Buyer. SHIGETA is committed to protecting the Buyer’s personal data.
The files containing personal data required for the Order are stored on the servers of the Site’s host. This service provider ensures that it complies with the requirements of the General Data Protection Regulation (GDPR). SHIGETA does not communicate or trade the personal data of the Buyers.
When placing an Order on the Web Site, the Buyer expressly consents to the collection and processing of his/her personal data necessary to complete the Orders.
The personal data collected by SHIGETA is intended to enable the Order to be carried out. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including compliance with legal or fiscal obligations.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004, known as “Informatique et Libertés”, and the General Data Protection Regulation (RGPD), subject to proof of identity, any Buyer, regardless of nationality, has the right to access, modify and delete his or her personal data. Each Buyer is also entitled to request a limitation of the processing of his data and has, moreover, a right to data portability as well as a right to oppose the processing of his personal data.
For the purposes of applying this clause and, in particular, to ensure the confidentiality of the treatment of the Purchasers’ data, SHIGETA has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer, who can be contacted at the following address info@shigetaparis.com.
In any case, any Buyer has the right to make any claim to the CNIL.
2. Newsletter
By checking the box provided for this purpose or by expressly agreeing to this, the Buyer accepts that SHIGETA may send him, at a frequency and in a form determined by it, a newsletter that may contain information relating to its activity.
When the Buyer checks the box provided for this purpose in the registration process on the Site to place the Order, he/she agrees to receive commercial offers from SHIGETA for Products similar to those ordered.
The Buyers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter.
3. Do not call list
You have the option of registering free of charge on a BLOCTEL (www.bloctel.gouv.fr) opposition list to telephone canvassing in order to no longer be canvassed by telephone by a professional with whom you have no current contractual relationship, in accordance with French Law No. 2014-344 of March 17, 2014 on consumption.
Any consumer can register for free on this list at https://conso.bloctel.fr/index.php/inscription.php.
14 – ADVERTISING
SHIGETA reserves the right to insert on any page of the Site and in any communication to the Buyers any advertising or promotional messages in a form and under conditions to be determined by SHIGETA.
15 – LINKS AND THIRD PARTY SITES
SHIGETA shall in no case be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the Buyer would have access through the Site.
SHIGETA assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.
SHIGETA is not responsible for transactions between the Buyer and any advertiser, professional or merchant (including its possible partners) to whom the Buyer would be directed through the Site and shall not be party to any dispute with such third parties concerning the delivery of products and/or services, warranties, representations and other obligations of any kind to which such third parties are bound.
16 – PROHIBITED BEHAVIORS
- The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into the systems of SHIGETA, (iii) any misappropriation of the system resources of the Site, (iv) any actions likely to impose a disproportionate burden on the infrastructures of the latter, (v) any infringement of security and authentication measures, (vi) any acts likely to infringe the rights and financial, commercial or moral interests of SHIGETA or the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of these terms and conditions or the laws and regulations in force.
- It is also strictly forbidden to sell, trade or grant all or part of the access to the Site, as well as the information it contains.
- In the event of a breach of any of the provisions of this section or, more generally, of any laws and regulations, SHIGETA reserves the right to take all appropriate measures and to initiate any legal action.
17 – UNREGISTERING
The Buyer can unsubscribe from the Site at any time, by sending a request to this effect to SHIGETA by email, to the contact details mentioned in article 2.
The unsubscription is effective within a maximum of 7 (seven) days from this request. It leads to the automatic deletion of the Buyer’s Account.
18 – MODIFICATIONS
SHIGETA reserves the right to modify at any time the present general conditions of sale. In this case, the applicable conditions will be those in force at the date of the Buyer’s order.
19 – LANGUAGE
In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute as to the meaning of a term or provision.
20 – MEDIATION
It is also recalled that any consumer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of a dispute between him and a professional. To this end, SHIGETA guarantees the Buyer effective recourse to a consumer mediation system.
Mediation of consumer disputes: In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, SHIGETA adheres to the Service of the Mediator CM2C.
In the event of a dispute, you can file a complaint on its website: https://cm2c.net/ or by post by writing to CM2C, 14, rue Saint Jean, 75017 Paris, France.
You can use the mediation service for consumer disputes related to an order made on the Internet.
Finally, it is recalled that mediation is not mandatory but only proposed in order to resolve disputes by avoiding recourse to the courts. In case of failure of this mediation procedure or if the Buyer wishes to bring a case to court, the rules of the civil procedure code will apply.
The Buyer may also contact the dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
21 – APPLICABLE LAW AND JURISDICTION
The present general conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction, except for mandatory procedural rules to the contrary.
APPENDIX 1 – LEGAL TEXTS RELATING TO GUARANTEES
Article L. 217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Article L. 217-5 of the Consumer Code
The good is in conformity with the contract:
If it is fit for the purpose usually expected of similar goods and, if applicable :-
if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, which was brought to the attention of the seller and which the latter has accepted
Article L. 217-7 Consumer Code
Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L. 217-8 Consumer Code
The buyer is entitled to demand that the goods conform to the contract. However, he may not contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect originates in materials that he himself supplied.
Article L. 217-9 Consumer Code
In case of lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. The seller is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L. 217-10 Consumer Code
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned. The same option is available to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint;
2° Or if this solution cannot be found without major inconvenience to the buyer, given the nature of the goods and the use he is seeking.
The resolution of the sale may not be pronounced if the lack of conformity is minor.
Article L.217-11 of the Consumer Code
The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not prevent the awarding of damages.
Article L. 217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L. 217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run. This period shall run from the date of the buyer’s request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them.
Article 1643 of the Civil Code
He is liable for hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.
Article 1644 of the Civil Code
In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
APPENDIX 2 – RETURN POLICY AND WITHDRAWAL FORM
The right of withdrawal will be exercised in accordance with the terms and conditions set out in the Consumer Code.
All Products can be retracted, except those excluded by article L. 221-28 of the Consumer Code, reproduced below:
The right of withdrawal cannot be exercised for contracts:
1° The supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer’s prior express agreement and express waiver of his right of withdrawal;
2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
3° Supply of goods made to the consumer’s specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
8° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
(12) The provision of accommodation services, other than residential accommodation, transportation services, car rentals, catering or leisure activities that are to be provided on a specific date or at a specific time;
13° The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal.
Apart from this type of Products, the Buyer has a period of 14 (fourteen) working days, as from the date of receipt of the ordered Products, to retract without having to justify his reasons nor to pay any penalties, except for the return costs which remain at his expense and which he will have to pay.
The Buyer who wishes to exercise his right of withdrawal must send to SHIGETA at the address mentioned in article 2 hereof, before the expiry of the above-mentioned period, the withdrawal form annexed to these general conditions duly completed, or a statement clearly expressing his wish to withdraw and including his order number.
The Products must be returned to SHIGETA in their original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following the communication by the Buyer of its desire to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is considered responsible in case of deterioration of the Products during their return to SHIGETA.
The Purchaser will be refunded as soon as possible and at the latest within 14 (fourteen) days as from the date of effective reception by SHIGETA of the request for withdrawal of the entirety of the sums paid for its order, deduction made if necessary of the expenses of return, which remain the responsibility of the Purchaser. However, SHIGETA reserves the right to defer this refund until the effective recovery of the Products.
In accordance with Article L.221-23 of the Consumer Code, the Buyer is informed that he/she is only liable to SHIGETA for any depreciation of the product(s), returned following the exercise of his/her right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this or these goods.
WITHDRAWAL FORM
Return service
I hereby notify you of my withdrawal from the contract for the following service/product:
Ordered on :
Order number:
Name of the client :
Customer’s address :
Customer’s signature :
Date: