The website accessible at the URL address https://yamamauto.com (hereinafter the “Platform”) is published by SAS DUCHESSE ANNE, a simplified joint stock company with a capital of 1,000 euros, registered with the RENNES Trade and Companies Registry under number 851 348 607, whose registered office is located at 10 boulevard de la Duchesse Anne, 35 740 PACE (hereinafter “Yamamauto” or the “Operator”).
The Store accessible at URL [xxxx] (hereinafter the “Store”) is operated by [XXXX], [Legal Form] number xxxxxxxxx, whose registered office is [……..] (hereinafter the “Seller”).
The General Terms and conditions of Sale (hereinafter the “GTCS”) are binding on the User and the Seller.
Contents
Preamble
Article 1 Definitions
Article 2 Description of the Platform / Store
Article 3 Purpose and contractual hierarchy
Article 4 Entry into force and Scope
Article 5 Access to the Store and creation of Account
5.1 Access to Services and Availability
5.2 Conditions of access to Store
5.3 Creating an Account
Article 6 Product Characteristics / Auto Parts
Article 7 Orders
7.1 General
7.2 Orders on Store
7.3 Order Confirmation
7.4 Modification of Order
Article 8 Availability of Products and Spare Parts
Article 9 Prices and Payment
9.1 Price
9.2 Price changes
9.3 Payment
Article 10 Dematerialized Invoice
Article 11 Retention of Title / Transfer of Risk
Article 12 Delivery
12.1 Geographic Zone
12.2 Terms of delivery
12.3 Split Delivery
12.4 Delivery time
12.5 Acceptance of delivery
12.6 Reimbursement for defective delivery
Article 13 Obligations of the Buyer
Article 14 Obligations of the Seller
Article 15 Legal guarantees for the Buyer Consumer
15.1 Legal guarantee of conformity
15.2 Legal warranty for hidden defects
15.3 Implementation – General
Article 16 Notifications Obligations of the Buyer
Article 17 Liability
17.1 General
17.2 Access and operation of the Site
17.3 Taking and Executing a Command
17.4 Publication
17.5 Loss or misuse of Identifiers
Article 18 Personal data
Article 19 Right of withdrawal
19.1 Exercise of the right of withdrawal
19.2 Reimbursement
19.3 Returns
Article 20 Insurance
Article 21 Partial disability and evolution
Article 22 Applicable law – litigation – Jurisdiction
Article 23 Professional Buyer
Preamble
The General Terms and conditions of Sale (GTCS) are mandatory in each Store. The Platform provides Sellers with a standard model of General Terms of Sale (GTCS) that can serve as a basis for them.
On the sole condition that they do not contradict YAMAMAUTO’s General Terms of Service (GTS), Sellers are free to adapt the General Terms and conditions of Sale (GTCS) to the legislation applicable in their country, and are free to use another model, provided that their Store has General Terms and conditions of Sale (GTCS).
Article 1 – Definitions
– “Buyer”: Any association or club with a legal personality, or any individual and/or legal entity with the legal capacity to enter into a contractual commitment and registering on the Platform in order to place an Order.
– “Online Review”: the expression of a Buyer’s opinion on his consumption experience, through any element of appreciation, whether qualitative or quantitative.
– “Store”: online store window hosted on the Platform and dedicated to a Seller allowing him to sell Products or to publish ads, depending on the Pack chosen, to Users. The Stores operate per Seller and per Pack. A Store can propose only one type of Pack;
– “Order”: act of online purchase of a Product by a User on the Platform.
– “Account”: personal account of a Seller and/or a Buyer, accessible thanks to his Identifiers allowing him to manage his Store and/or to place Orders with a Store;
– “Consumer”: any natural person who acts for purposes that are not within the scope of his commercial, industrial, craft, liberal or agricultural activity.
– “Buyer’s Space”: A Buyer’s personal account accessible via his Identifiers allowing him to place Orders with a Store, to check his Shopping Cart, to track his Orders, to find his Order history, to access and modify his delivery and billing addresses, and to mention his favorite sellers.
– “Identifiers”: the User’s login and password transmitted at the time of the Account creation request, which can be modified by the User after the creation of his Account and which allows him to access his Account.
– “Registration”: act by which a User requests the creation of an Account allowing him/her to access his Buyer’s Space and/or Seller’s Space.
– “Legal Notice”: information of any User of the Site on the identity of the operator and host of the Site as well as on the conditions of access to the Site [Legal Notice: https://yamamauto.com/mentions-legales/].
– “Shopping Cart“: all the Products selected in order to place an Order.
– “Partner”: any natural person or legal entity linked to the Platform by providing it with commercial, material and/or financial resources;
– “Party(ies)”: means Yamamauto and/or the User and/or the Seller and/or the Buyers.
– “Platform“: means the website accessible at the URL address https://yamamauto.com managed and animated by the company DUCHESSE ANNE.
– “Product”: all the goods identified in a Store and offered for sale by the Seller.
– “Professional”: any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name or on behalf of another professional.
– “STRIPE”: means the company STRIPE, an electronic payment institution licensed by the Central Bank of Ireland under number C187865, which is subject to all the legal and regulatory obligations applicable to payment institutions under European law. STRIPE is the payment service provider managing the financial flows transiting through the Platform on behalf of the Sellers and the Operator [General Terms and Conditions of Service of Stripe: https://stripe.com/fr/legal ].
– “User”: means indifferently the Internet user visiting the Platform, the Sellers and/or the Buyers.
– “Seller“: means any association or club with a legal personality, or any individual and/or legal entity with the legal capacity to enter into a contractual commitment by registering on the Platform with a view to creating its Store.
– “Yamamauto” or “Operator“: publisher and administrator of the Platform as designated in the Legal Notice [ Legal Notice: https://yamamauto.com/mentions-legales/ ].
Article 2 – Description of the Platform / Store
The Platform is a website shared by Sellers and Yamamauto allowing Users to access the Ads published by Sellers as well as the Products offered by Sellers in their Store.
The Ads published by the Sellers are accessible in their Store and/or in an inventory classified by category.
The Platform allows Users to connect to the Stores in order to place an Order for a Product or to consult the Ads and/or Products and to proceed to the withdrawal of the Product directly from the Seller.
The Store is a virtual showcase, hosted on the Platform, and animated by the Seller.
Article 3 – Purpose and contractual hierarchy
Any Order placed on the Platform, regardless of the Store, implies the express and unreserved acceptance by the User of the General Terms and conditions of Sale (GTCS) of the Store.
The GTCS apply without restriction or reservation to all Products offered on the Store as well as to all Orders placed on or with the Platform.
The list of Products and their characteristics is detailed on the different pages of the Platform and on the Store. The fact that a User places an Order implies full and complete acceptance of the GTCS and waiver of any contradictory document.
The GTCS are binding on the Seller and the User.
The purpose of the GTCS is to set the terms and conditions for Ordering and/or selling Products to Users.
The General Terms and Conditions of Sale are supplemented by the General Terms of Services and the Legal Notice.
The GTCS and the Order form accepted form the entire contract between the Parties. In the event of contradiction between the GTCS and the Purchase Order, the Purchase Order shall prevail.
Article 4 – Entry into force and scope of application
The GTCS come into force as soon as they are put online and apply to all Users.
The GTCS take effect on the date of each Order via a Store on the Platform.
The GTCS apply without restriction or reservation to all Products offered for sale by the Seller in the Store.
Yamamauto reserves the right to unilaterally revise, adapt or modify the GTCS at any time. These adaptations, modifications or revisions are effective immediately as of their publication on the Platform or as of the date of publication on the Seller’s Store.
In this situation, for any current and unfulfilled Order, the Seller undertakes to apply the GTCS applicable on the day the Order is placed.
In the event of a change in the financial access policy, the introduction of a new Service or any other substantial change in the terms and conditions stipulated herein, the General Terms of Sale shall be revised. Users must consult them regularly to keep themselves informed of any changes.
Article 5 – Access to the Store and creation of an Account
5.1 Access to Services and Availability
The User must verify that his computer hardware and software are compatible with the Platform.
The User must have an Internet connection.
The Platform is accessible 24/7, except in cases of force majeure, events beyond our control, or possible breakdown.
Access to the Store and the Platform may be interrupted from time to time by the Operator for maintenance purposes.
Yamamauto will inform Sellers and Users of the interruption of Services to the extent possible.
5.2 Conditions of access to the Store
In order to be able to access the Store, the User must accept without reservation the General Terms of Services (GTS).
The User must also accept without reservation the General Terms and conditions of Sale (GTCS) of the Store.
At the creation of an Account on the Platform or at the first Order, the User declares on his honor to be legally of age or emancipated minor. The User reiterates his consent to the Terms of Sale with each Order.
5.3 Creation of an Account
Upon creation of his Account, the User will receive a login and a personal password sent to the email address he provided.
The User may also change the password received during Registration.
In the event of loss or theft or use of his Identifier and password by a third party, the User must immediately notify the Platform. After each use, the User must ensure that he leaves his Buyer Space and/or Seller Space at the end of each session, by logging out of his Account.
The User is responsible for the confidentiality of his Identifiers and password and his Account, and is fully responsible for any act involving the use of his Identifiers and password and/or his Account.
The User’s User ID and password and Account are strictly personal.
The User Account to be valid must contain :
– An email address, if he is a buyer
– His first and last names + an email address, if he is a salesman
The processing of Personal Data transmitted by the User is governed by the provisions of Article Personal Data (18) of the General Terms of Service and Yamamauto’s Data Protection Policy.
To validate his Registration, the User :
– declares on his honor that he is legally of age or an emancipated minor
– acknowledges having read and accepted the Yamamauto Data Protection Policy ;
– acknowledges having read and accepted the Terms of Service.
To validate an Order, the User must :
– declare on his honor that he or she is legally of age or an emancipated minor
– reiterate its agreement to the Yamamauto Data Protection Policy ;
– reiterate its agreement to the General Terms of Service;
– reiterate its agreement to the General Terms and conditions of Sale (GTCS) of each of the Sellers’ stores whose items are part of the order.
Article 6 – Product Characteristics / Auto Parts
The Seller makes available to Users the essential characteristics of the Products offered for sale.
For any Product relating to the repair of motor vehicles, the Professional Seller undertakes to display in his Store the list of the categories of parts concerned, a description of the families to which they belong, and the cases in which the Professional Seller is not required to offer them in accordance with Article R. 224-23 of the French Consumer Code.
The Seller further undertakes to ensure that the descriptions of the Products sold and dispatched in the Store (e.g., photographs, drawings, parts, etc.) comply with the Products illustrated in the advertisements. The Seller also undertakes to ensure that the Products on the Store respect the rights of third parties (e.g., the Products must belong to the Sellers and not to third parties) and that they do not infringe upon public order or morality.
The Seller guarantees Yamamauto and the Users that it has the rights, in particular intellectual property rights, relating to these illustrations, which allow it to use them to present the Products.
Article 7 – Orders
7.1 General
The Products are described on the Store.
All indications relating to the Products, their prices and delivery terms are established by the Sellers without any intervention by Yamamauto.
The price of the Products must be mentioned including all taxes and charges (in particular VAT), but excluding delivery charges, which must be added at the time the Buyer validates his Order.
The Seller shall present as clearly as possible the essential characteristics of the Products offered on the Seller’s Store.
The User undertakes to read this information carefully before placing an Order in the Seller’s Store.
The Buyer is informed that he/she may share a Shopping Cart for several Sellers or several stores and acknowledges having read, understood and accepted the general terms and conditions of sale (GTCS) of each of the Seller’s stores.
7.2 Orders on the Store
To place an Order, the Buyer expressly acknowledges that it has the capacity to enter into a legal commitment.
When the Buyer places an Order, he explicitly acknowledges that he is bound to pay for his Order.
The availability and the price of the Products of the Order must be communicated to the Buyer before the validation of the Order.
At any time prior to the payment of the Order, the Buyer may :
check the details of his Order in his Shopping Cart, namely the Products concerned, any price reductions, the total price including all taxes,
add or remove Products.
The Buyer first fills the Shopping Cart with the Products and the desired quantities within the limits of family and non-professional use.
The Buyer then validates his Shopping Cart by clicking on “Validate my Shopping Cart”.
The Buyer then confirms his billing address and verifies the summary of the Order that is displayed (content and price of the Products) as well as the place of delivery or collection.
To validate the Order of the Products in the Shopping Cart, the Buyer :
-declares on his honor to be legally major or emancipated minor,
-acknowledged that he has read, understood and accepted Yamamauto’s Data Protection Policy,
-recognized that he has read, understood and accepted the General Terms of Yamamauto’s services,
-recognized that he has read, understood and accepted the general terms and conditions of Sale (GTCS) of each of the Stores of each of the Sellers from whom he orders,
then he clicks on “Order with obligation to pay”.
Orders are placed in French language and in Euros. The Order implies acceptance of the prices and main characteristics of the Product.
As soon as the Buyer clicks on “Order with obligation of payment”, the Order is firm.
As this is an Order with a payment obligation, the Buyer is then invited to pay for the Order directly on the Stripe website. An e-mail confirming the Order is sent to the Buyer.
7.3 Confirmation of the Order
After validation of the payment of the Order, the Buyer will automatically receive a confirmation email confirming the receipt and details of his Order (content and number of the Order, total price paid, place of collection, name of the Seller’s Store.
This email constitutes the Contract between the Buyer and the Seller. It is recommended that the Buyer save this Email in order to keep a proof of the Order.
The Buyer may, in any event, at any time, by logging into his Account, have access to the various elements relating to the Order.
The Seller reserves the right to refuse or cancel any Order in the event of special circumstances:
– when the Order has been placed under conditions that legitimately lead one to believe that the Order has been placed for professional and not personal needs (e.g.: number of products or significant price in good household manner);
– when the contact information provided is inaccurate or incomplete;
– in case of non-respect of the GTCS by the Buyer.
7.4 Modification of the Order
When the Order is confirmed, requests for modification and cancellation orders will not be taken into account.
Article 8 – Availability of Products and spare parts
The Products and prices offered by the Seller are available as long as they are present and visible on the Store.
When a Product or a price no longer appears on the Store, the Product is no longer available in the Seller’s Store.
Indications on the availability of Products are provided to Buyers before confirmation of the Order. Errors or modifications may exceptionally occur.
The Products come directly from the Vendor’s stock. The availability of the Products at the time of the Order is guaranteed to the Buyer only upon receipt of the confirmation e-mail.
In any event, and in the event of total or partial unavailability of Products after the Order has been placed, the Buyer shall be informed by the Seller and by Email as soon as possible of the unavailability of the Product and the total or partial cancellation of his Order.
In case of total cancellation of the Order :
– The Buyer’s Order will be automatically cancelled;
– The Seller will re-credit by STRIPE the Buyer’s bank account if it was debited at the time of the Order;
– The Seller will contact the Buyer to inform him of the cancellation of his Order and will offer to renew his Order, except for the unavailable Product.
In the event of partial cancellation of the Order :
– The Buyer’s Order will be validated;
– The Buyer’s bank account will be debited for the entire Order;
– The Buyer will be delivered the available Products;
– The Seller shall re-credit the Buyer’s bank account with the price of the unavailable Product as soon as possible and, at the latest, within fourteen (14) calendar days of payment of the amounts paid by the Buyer.
For spare parts essential for the use of the Product: the period of availability of the said parts is indicated on the card of each Product.
Article 9 – Prices and payment
9.1 Prices
The price is the one mentioned on the Seller’s Store except for the shipping costs which are at the Buyer’s expense.
The price is payable immediately upon Order, before delivery or withdrawal of the Product.
The prices of the Products are expressed on the Store in euros, all taxes included (including VAT).
When the Buyer places an Order, the summary of the Order indicates the total price of the Product including all taxes.
The applicable taxes are those applicable to the Product concerned on the date of validation of the Order.
The VAT shall be that applicable to the country from which the Vendor issues its deliveries.
Delivery costs are determined according to the country/region of delivery:
Geographical zones Metropolitan France, including Corsica, French overseas departments and territories and Monaco.
|
Geographical zones |
Metropolitan France, including Corsica |
French overseas departments and territories |
Monaco |
|
Standard Fees |
XXX |
XXX |
XXX |
The above model is applicable to the French Seller.
Sellers are free to adapt it.
It will have to be adapted for the Seller who is a national of a country other than France.
9.2 Modification of the price
The change in the VAT rate may be reflected in the price of the Product. The Buyer does not need to be informed in advance.
The Seller may change the price of the Products at any time, without having to inform the Buyer beforehand. However, the Seller undertakes to apply the price in force at the time of the Order.
9.3 Payment
The sums are payable at the debtor’s place of domicile and non portable.
The payment of the Orders is carried out exclusively on Internet via the payment platform edited and animated by STRIPE.
The payment of the Orders is carried out only by credit card.
After having checked his Shopping Cart, the Buyer clicks on “Order with obligation of payment”. The Buyer is redirected to a dedicated and secure payment platform.
The Buyer identifies the type of credit card he or she uses to make the online payment. The main cards accepted are Visa®, Mastercard®, American Express®. The Buyer fills in the fields provided for this purpose (e-mail address, card number, validity and control number on the back of the card). The Buyer can then either cancel and return to the Shopping Cart or click on “Order and pay” to confirm and pay for the Order.
The banking data communicated are neither known nor kept by the Seller and the Platform. They are only control data between the Buyer and the bank.
Payment shall be made in Cash on the day of the Order.
The Order will be validated only after full payment of the price. In case of failure of payment, the Buyer will lose the benefit of his Shopping Cart and will have to proceed to a new Order.
As part of the fight against fraud, STRIPE provides the following security: authentication via two identification factors in accordance with the provisions of the Payment Service Directive 2 (DSP2) of January 13, 2018.
Payment is made upon effective collection of the price on the STRIPE platform.
Article 10 – Dematerialized Invoice
By accepting the General Terms and conditions of Sale, the Buyer accepts the dematerialization of invoices.
The dematerialization of the invoice takes the form of a document that will be sent to the Buyer by the Seller to his e-mail address.
Article 11 – Reservation of Title / transfer of risks
The Products shall remain the property of the Seller until the Buyer has fulfilled all its obligations to the Seller, and in particular until full payment of the price, plus interest at the legal rate, if applicable.
Article 12 – Delivery
Shipping costs are charged in addition to the price of the Product.
The Seller sends the Product to the address provided by the Buyer. The Buyer may expressly request that the invoice accompanying the Product be sent.
12.1 Geographical Area [to be validated]
The Seller may deliver the Products :
In metropolitan France, Corsica included;
In the DOM and TOM ;
Monaco ; …
The Buyer must specify at the time of the Order a delivery address located in the geographical zone of delivery.
The Vendor defines its delivery zones, as well as the delivery methods associated with these zones.
12.2 Terms of delivery
The Products are delivered to the delivery address specified by the Buyer.
In this case, the delivery is made by the delivery method indicated at the time of the order on the basis of the current prices mentioned in the General Terms and conditions of Sale and in the article Prices of the General Terms and conditions of Sale.
The delivery rates are recalled when the Buyer validates the Order.
12.3 Split delivery
In the event of a single Order for more than one Product, the Seller may make a single delivery or split the Order.
If the different Products have different delivery times, the delivery time of the single package shall correspond to the delivery time of the Product ordered which is the longest.
12.4 Delivery time
|
Geographical zones |
Metropolitan France, including Corsica |
French overseas departments and territories |
Monaco |
|
Maximul Delay |
XXX |
XXX |
XXX |
Deadlines are in working days (i.e. five (5) days per week, from Monday to Friday inclusive), it being understood that weekends and public holidays are not included in the calculation.
The delivery period mentioned is a maximum period.
In the event that the Order is not delivered by the expiration of the above-mentioned period, the Buyer shall instruct the Seller to make the delivery, on the same terms and within a reasonable additional period of time.
If the Seller has not complied within such additional time, Buyer may cancel the Order by registered letter with return receipt requested or in writing on another durable medium.
Seller shall consider the Order resolved upon receipt of the letter or writing informing it of such resolution, unless Seller has performed in the meantime.
12.5 Acceptance of Delivery
The reception of the Product is carried out at the address indicated by the Buyer at the time of the Order.
The Buyer must check the condition of the packaging and the Product(s) upon delivery. If the package is damaged on delivery, the Buyer must refuse it.
The Buyer is solely responsible for the failure to deliver due to lack of indication at the time of the Order. In case of refused delivery or wrong address, the Product(s) will be subject to a new delivery at the expense of the Buyer.
12.6 Reimbursement for non-delivery
In accordance with Article L241-4 of the French Consumer Code, when the Order is cancelled, the Seller must reimburse all sums paid, no later than fourteen (14) days following the date on which the Buyer cancels the Order.
Article 13 – Obligations of the Buyer
The Buyer is obliged to pay the total price as soon as the Order is placed.
The Buyer declares having verified the suitability of the Product to his needs and having received from the Seller all necessary information and advice.
The Buyer undertakes to provide true, correct and complete information when placing the Order. The Buyer undertakes to inform the Seller within forty-eight (48) hours of any change in the information provided.
The Buyer undertakes to comply with the laws and regulations in force applicable to the Products it Orders and to expressly accept the legal obligations arising therefrom.
In the event that the Buyer fails to meet its obligations under the Order, the Seller may, without notice, automatically and without prejudice to its right to interrupt delivery of the Product and terminate the Order without waiving any damages to which the Seller may be entitled, nor may he reimburse any sums received in connection with the Order; such sums shall be forfeited.
Article 14 – Obligations of the Seller
Seller shall identify himself to Buyers as acting or not acting as a Professional. The Seller expressly agrees to identify himself as acting as a Professional Seller when he sells Products through the Platform on a regular basis and for profit.
The Seller undertakes to comply with the legislation applicable to the exercise of a commercial activity (in particular registration, accounting, social and tax obligations). Indeed, the Seller may be required to make tax and social security declarations in respect of his activity of selling goods on the Platform.
The Professional Seller undertakes to comply with the laws and regulations incumbent upon him, particularly with regard to the Products that he sells on his Store.
The Seller undertakes and guarantees that it will only sell Products that it owns or over which it has a right allowing it to sell them.
The Seller guarantees that it does not contravene the purpose of the Platform and will not offer any advertisement on his Store that contravenes the commercial rules.
In particular, the Seller shall refrain from selling any Product that infringes intellectual property rights within the meaning of the Code or any Product whose marketing is regulated by legislative, regulatory or contractual provisions (in particular due to the existence of a selective distribution network).
The Seller shall be solely responsible for releasing the Products that it offers for sale on the Site.
In accordance with the provisions of the law of June 21, 2004, Loi pour la Confiance en l’Économie Numérique (the “LCEN”), Yamamauto may delete any information placed online on the Store by a Seller in the event of notification by a third party of the illicit nature of this information or a violation of a right.
Article 15 – Legal guarantees for the Buyer Consumer
15.1 Legal guarantee of conformity
If the Product received does not conform to the characteristics provided for in the Order, the Non-Professional Buyer may request the Professional Seller, within two (2) years from the delivery of the Product, to replace or repair the Product.
If the Non-Professional Buyer’s choice results in a cost that is grossly disproportionate to the value of the Product or the significance of the defect in the Product, the Professional Seller may elect to proceed by other means.
If the Non-Professional Buyer has made a claim and, within one (1) month, replacement or repair of the Product is impossible, or if the requested solution cannot be implemented, the Non-Professional Buyer may either return the Product and have the price refunded by the Professional Seller, or keep the Product and obtain a refund of part of the price.
If the lack of conformity is minor, the Sale cannot be cancelled.
The non-professional Buyer is exempt from having to provide proof of the existence of the Product’s lack of conformity during the twenty-four (24) months following the delivery of the Product.
If the Non-Professional Buyer chooses to return the non-conforming Product, the Non-Professional Buyer must return it to the address of the Professional Seller: XXXXX.
The Non-Professional Buyer must return the Product with supporting documentation (purchase order, invoice) and packaging paper.
The Non-Professional Buyer may always decide to implement the warranty against hidden defects of the Product sold (articles 1641 to 1648 of the Civil Code).
15.2 Legal warranty against hidden defects
If the Product received has a hidden defect making it unfit for the use for which it is intended, and if this defect exists at the time of acquisition of the Product, the Consumer Buyer may choose :
Either to keep the Product and the Buyer will be refunded part of the price paid by the Seller.
Either to return the Product and the Buyer will be fully reimbursed the price, as well as the costs incurred by the Sale.
The Buyer has two (2) years to act from the discovery of the defect. The Buyer may exercise this warranty at no cost.
The Buyer must provide proof of the defect in the Product to Seller. The Buyer must notify the Seller by registered letter with acknowledgement of receipt. The Buyer must present proof of purchase of the Product to the Seller.
The repair of this defect may be :
– Either the repair of the Product;
– Or its replacement, or its reimbursement.
In the event that repair is impossible, the Seller undertakes to reimburse the Buyer within thirty (30) days of receipt of the Product at the following address XXXXXXX.
15.3 Implementation – General
In the event that the Buyer wishes to implement the aforementioned guarantees, the Buyer must indicate :
– His contact information ;
– His Order number;
– The references of the Product appearing on the Order;
– And for the guarantee of hidden defects only, the description of the defects.
The return of Products in case of Product error, defect or non-conformity can only be accepted for complete and intact Products, accompanied by all possible accessories, instructions and documentation, all in a new box with a copy of the purchase invoice.
In the above-mentioned cases, any shipping costs will be refunded to the Buyer.
In any case, the guarantees do not cover :
– The abnormal or non-conforming use of the Products, in relation to their documentation ;
– Defects and their consequences related to the use not in conformity with the use for which the Product is intended;
– Defects and their consequences related to any external cause.
Article 16 – Notifications
The Platform compiles data of an informative nature. Any content likely to be litigious may be reported to Yamamauto in accordance with the following terms and conditions.
– Mandatory notification according to article 6. I. 7 of the law of 21 June 2004.
Pursuant to Article 6. I. 7 of the LCEN of June 21, 2004 (n°2004-575), the User must notify Yamamauto of any message that advocates crimes against humanity, incites racial hatred, relates to child pornography, incites violence or offends against human dignity.
– Content that may be illegal
Users who believe that content on the Platform is likely to be inaccurate, or even illegal, offensive or defamatory, are invited to file a notification.
The notification shall take the form of an e-mail addressed to the Platform or a registered letter with acknowledgement of receipt. In this notification, the User declares his surname, first names, (for a legal entity, its corporate name and RCS number), address and a description of the disputed facts.
The notification must include the description of the disputed facts and their precise location on the Platform, the reasons why the content must be removed, including the mention of legal provisions and justifications of facts. As far as possible, the User must forward a copy of the correspondence addressed to the author or publisher of the disputed information or activities requesting their interruption, withdrawal or modification, or the justification of the fact that the author or publisher could not be contacted.
The Platform undertakes to react promptly to any notification from a User made in the forms and at first sight well-founded.
The Platform will take care to preserve the anonymity of the author in question, while reserving the right to take appropriate measures against him, starting for a Seller by his exclusion from the Platform.
Article 17 – Liability
17.1 General
The Seller disclaims all liability in the event of use of the Store not in accordance with the General Terms and conditions of Sale (GTCS).
The Seller shall furthermore be released from any liability for delays or failure to perform his contractual obligations which would be the consequence of acts of force majeure as defined by the courts.
The Party considering that an event of force majeure has occurred must immediately notify the other Party in writing of these circumstances and of the time at which it considers that the event could end.
In any event, the Seller shall be liable only for direct and foreseeable damages suffered by the Buyer, excluding indirect damages as defined by the French courts.
The Seller guarantees the Users and the Platform that the Products sold in the Store do not infringe the rights of third parties and do not constitute an infringement of trademarks, designs or models, patents or pre-existing works.
The Seller guarantees Yamamauto against any action for infringement that may be brought against it by any individual or legal entity claiming an intellectual property right relating to the Products sold in the Store.
The Seller shall indemnify Yamamauto for any prejudice it may have suffered as a result of such action.
17.2 Access and operation of the Site
The Store is based on technologies developed by third parties. Yamamauto undertakes to implement all necessary means to ensure continuous access to the Store. However, in order to ensure the technical maintenance of the Yamamauto Store, access may be interrupted from time to time. As far as possible, the Platform will make every effort to inform Users of such interruptions. Users must ensure that their computer hardware and software installed to access the Store are compatible.
The Operator and the Sellers are not responsible for the User’s Internet connection.
The Operator and the Sellers are also not responsible in the event of a virus attack or abnormal or illicit Use of the Store.
When creating his Account, the User agrees to provide accurate, complete and updated information. He or she undertakes to update the contact information provided. Finally, the User agrees not to usurp the identity or position of a third party.
If necessary, he will be solely responsible for the consequences. Yamamauto has no obligation, nor the technical and legal means, to verify the veracity of the information transmitted by the User.
Yamamauto declines all responsibility in the event of any prejudice that may result from the unavailability of the Store or a problem connecting to the Store.
17.3 Taking and execution of an Order
The Platform shall not be held liable for the non-performance of the Order with regard to Users if :
– The non-execution or poor execution of the Order is attributable to the User (error on the e-mail address, error on the telephone number, error on the choice of the Seller, etc.) ;
– The non-execution or poor execution of the Order is due to the unforeseeable and insurmountable fact of a person not party to the Agreement;
– Non-performance or improper performance of the Order is due to a case of force majeure.
Furthermore, the Platform shall not be held liable in any way whatsoever:
– in the event of non-compliance with these GTCS attributable to Users;
– in the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is related to a case of force majeure ;
– in the event of a foreign cause not attributable to the Operator;
– in the event of unlawful conduct by a Seller, or in the event of breach of contract by a Seller.
– because of any problem encountered in the delivery of the Product ordered.
17.4 Publication
The Seller guarantees not to publish any advertisement that condones crimes against humanity, incites racial hatred, touches on child pornography, incites violence or offends against human dignity.
Buyers may place Reviews on a Store or Seller relating to their business experience. The Buyer undertakes not to leave a Review that is false or misleading with respect to the Seller that could engage the civil liability of the Buyer before the French courts.
17.5 Loss or fraudulent use of Identifiers
Yamamauto will not be liable for any loss or damage that may result from the loss or fraudulent use of User Identifiers.
The platform reserves the right to automatically terminate the Account of any User who makes abusive and/or fraudulent use of his Identifiers.
Article 18 – Personal Data
As part of the operation of the Store, the Seller may collect Personal Data from Buyers in order to execute Orders placed on the Store.
For this purpose, the Vendor will have the quality of co-responsible for processing.
Any natural person benefits from a right of access and rectification, deletion and limitation of information concerning him, to define general and specific guidelines defining the manner in which he/she intends to exercise these rights after his death, which he/she may exercise by contacting Yamamauto or the publisher of the Platform at the email address: dpo@yamamauto.com or by post at the address mentioned in the Legal Notice [https://yamamauto.com/mentions-legales/].
Individuals also have the right to object to the processing of their Personal Data, as well as the right to object to the use of this Data for commercial prospecting purposes.
The person on file also has a right to the portability of his Data. In accordance with Article 20 of the General Regulations on the Protection of Personal Data, the person concerned has the right to receive the Personal Data concerning him that he/she has provided to Yamamauto, in a structured, commonly used and machine-readable format, and has the right to transmit this Data to another Data controller without the Yamamauto company to which the Personal Data has been communicated obstructing this.
Finally, the person concerned may, if necessary, file a complaint with the CNIL (https://www.cnil.fr/fr/plaintes). To do so, he or she may contact the CNIL by mail or by telephone (information available here: https://www.cnil.fr/fr/vous-souhaitez-contacter-la-cnil).
He or she may exercise these rights by providing proof of his identity and by contacting the Seller or Yamamauto at contact@yamamauto.com or by mail to Société Duchesse Anne 10 boulevard de la Duchesse Anne, 35 740 PACE.
Article 19 – Right of Withdrawal
19.1 Exercise of the right of withdrawal
In accordance with Article L221-18 of the French Consumer Code, the Consumer Buyer benefits from a right of withdrawal for a period of fourteen (14) working days from receipt of the Order and/or the Product. The Seller may not require the Non-Professional Buyer to justify his withdrawal.
In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to Products:
Fully executed before the end of the retraction period and whose execution has begun after prior express agreement of the Consumer and express renunciation of his right of retraction ;
Made according to the Consumer’s specifications or clearly personalized. These are Products whose manufacture requires special adaptations to meet very precise technical requirements;
which, after having been delivered and by their nature, are inseparably mixed with other articles;
of the computer software or video recording type when they have been unsealed by the consumer after delivery.
newspapers, periodicals or magazines, except for subscription contracts for such publications.
A withdrawal form is set up on the Platform: https://yamamauto.com/modele-de-formulaire-de-retractation/. The Non-Professional Buyer remains free to use the form or not. This right of withdrawal must be exercised by registered letter with acknowledgement of receipt.
The Non-Professional Buyer undertakes to return the Product to the Vendor within a period of fourteen (14) days from the date of notification of withdrawal.
The Products must be returned in clean packaging and in perfect condition for resale to the Seller at the address indicated on the Order.
The Seller shall acknowledge receipt of the Consumer Buyer’s withdrawal.
19.2 Refunds
In the event of retraction, the Seller undertakes to reimburse the totality of the sums paid to the non-professional Buyer, with the exception of the costs of returning the Product, which remain the responsibility of the Consumer.
Reimbursement shall be made by the same means of payment as that used, at the latest within fourteen (14) days following the date on which the Seller has received the Product.
If the Product is returned incomplete or damaged, the Seller may refuse to make a refund or apply a discount according to the diagnosis made by the Seller.
The Products must be returned in clean packaging, ideally the original packaging and in perfect condition to the Seller.
If the Buyer places an Order as a Professional, he does not benefit from the right of retraction.
19.3 Returns
ANY RETURN, FOR WHATEVER REASON OR PURPOSE, IS AT THE EXPENSE OF THE BUYER.
The Product must be carefully placed in an undamaged package.
This package must arrive in good condition. The package containing the Product returned by the Buyer must be received at the Seller’s premises in perfect condition for resale, which means that the Buyer must do what is necessary to protect the Product as much as possible for its return transport.
A package received that is crushed, damaged or with one of the Products listed as missing, crushed, damaged or opened will not be accepted by the Seller and will not be eligible for a refund.
Each returned Product must imperatively be accompanied by:
– the name and surname of the Buyer,
– the invoice or Purchase Order number.
To do so, the Buyer must contact the Seller by Email at the address [email to be completed] or via the contact form accessible in the Store at [URL to be completed], specifying the Order number and the references of the Product(s) concerned. The return shall be made directly to the Seller [ NMA : to be validated ].
The refund shall be made by the same means of payment as that used by the Buyer at the time of purchase and no later than fourteen (14) days following the date on which the Seller has received the returned Product.
Article 20 – Insurance
The Professional Seller declares to be insured, in particular in professional civil liability, with a company known to be solvent and to keep all insurance policies up to date, to cover all damages caused to the other Party or to any third party and resulting from the performance or non-performance of the General Terms and Conditions of Sale.
Article 21 – Partial invalidity and evolution
If one or more stipulations of the General Terms and Conditions of Sale (GTCS) are held to be invalid, the other stipulations will retain their full validity, unless they are inseparable from the invalid provision.
In the event of a change in the GTCS, acceptance of the GTCS at the time of the Order shall designate the General Terms and Conditions of Sale applicable during the performance of the contract.
The Buyer is invited to reread the GTCS and to reiterate its agreement for any new Order, the latest version of the GTCS applying to any new Order.
Article 22 – Applicable law – Litigation – Jurisdiction
The GTCS are written in French. The Seller offers a translation of the GTCS in : [to be completed by the Seller] .
In the event of conflict between these different translations, only the French language version of the GTCS shall be authentic.
The GCSS are subject to French law. Any dispute relating to their interpretation and/or execution shall be subject to French jurisdiction.
Users must, as far as possible, resolve the dispute on their own through mediation or conciliation.
Any complaint must be sent to the Seller by registered letter with acknowledgement of receipt to the address: [to be completed].
In the event of failure to make a claim or in the absence of a response from this service within two (2) months, the Buyer may, if he so wishes, submit the dispute relating to the Order or the GTCS between the Buyer and the Seller to a mediator [specify the name, address of the mediator selected and the link to his site] or to existing industry mediation bodies or to any alternative dispute resolution method in the event of a dispute (https://www.economie.gouv.fr/mediation-conso/mediateurs-references).
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/
In case of failure, the competent court will be at the choice of the Buyer:
– that of the place of residence of the defendant in France or the place of withdrawal of the Product object of the dispute;
– that of the place where the Buyer was residing at the time of the conclusion of the contract or the occurrence of the harmful event.
Article 23 – Professional Buyer
All the provisions of the GTCS apply to Buyers using the Platform Services for business purposes, with the exception of the articles “Withdrawal”, “Legal Warranties” and “Mediation / Disputes”.
In the event of a dispute, the Parties shall make every effort to resolve the dispute amicably.
If no amicable solution is found, express jurisdiction is attributed to the Commercial Court of the jurisdiction of the registered office of Rennes or of the Seller (whichever of the two is a party to the dispute) even for emergency or protective proceedings, in summary proceedings or by petition.