Terms of service

  1. SERVICE CLIENT

 

  • For any request for information, clarification or for any complaint, the Customer must first contact the Company's Customer Service, in order to allow the latter to try to find a solution to the problem.

 

  • The Company's Customer Service is available Monday to Saturday from 10:30 am to 6:30 pm using the following contact details:

 

  • Telephone: +33 (0) 1 46 33 94 90
  • email : chumon@maruyamanori.com

 

 

  1. GUARANTEES LEQUALS

 

2.1 : Garanties légales :

 

All Products offered by the Company are subject to the legal guarantee of conformity provided by law, and in particular the articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee against hidden defects provided for in Articles 1641 and 1648, first paragraph, of the Civil Code:

 

Article LArticle 217-4 of the Consumer Code: '' The seller delivers goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from packaging, assembly instructions, or installation when the latter was his responsibility under the contract or was carried out under his supervision. ''.

 

Article LArticle 217-5 of the Consumer Code: '' The property conforms to the contract:

1° If it is suitable for the purpose usually expected of similar goods and, where applicable:

- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;

- if it possesses the qualities that a buyer can legitimately expect, having regard to the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;

2° Or if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, which has been brought to the seller's attention and which the latter has accepted ''.

 

Article LArticle 217-12 of the Consumer Code: ''The action resulting from a lack of conformity is time-barred two years from the date of delivery of the goods.

 

Article 1641 of the Civil Code: ''The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.''

 

Article 1648 of the Civil Code, first paragraph: ''The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.''

 

If a Customer believes they have received a Product that they consider defective or non-compliant, they must contact the Company as soon as possible after receiving the Order, at the following email address: chumon@maruyamanori.com, or by mail to the following address: 95 rue de Seine, 75006 Paris, specifying the defect or non-conformity in question.

 

The Client shall be responsible for providing all necessary evidence to substantiate any apparent defects and/or anomalies observed. The Client shall allow the Company every opportunity to verify these defects or non-conformities and to remedy them if necessary. The Client shall refrain from taking any action himself or involving a third party for this purpose.

 

If the defects and/or anomalies are confirmed by the Company, the latter will then send the Client its instructions on how to proceed after having taken note of the complaint thus formulated and, where appropriate, will proceed to replace the Product whose non-conformity or defect the Company has been led to note.

 

If exchanging the Product is impossible, the Company will reimburse the Customer. The reimbursement will be made, at the Company's discretion, by credit to the Customer's bank account; the Customer may choose an alternative reimbursement method.

 

 

  1. OBLIGATIONS OF THE CLIENT AND THE COMPANY

 

  • Client's Obligations

The Customer agrees to comply with the terms of these General Terms and Conditions and expressly declares to have received from the Company all the information and advice necessary for the use of the Products and Gift Vouchers.

 

The Client agrees not to damage, under any circumstances and in any way whatsoever, the reputation of the Company, the Products and Gift Certificates.

 

  • Obligations of the Company

Under this Contract, the Company undertakes to give itself all the necessary means and to make every effort to fulfill the Order, within the limits of available stocks and open sessions concerning Gift Vouchers.

 

 

  1. RIGHT OF RRETRACTION

 

  • In accordance with the articles LPursuant to Article 221-18 et seq. of the Consumer Code, the Customer has a period of 14 days from receipt of the ordered Product or the Gift Voucher Order to exercise their right of withdrawal with the Company, without having to justify reasons or pay any penalty.

 

  • To exercise their right to withdraw from the Order, the Customer must notify their decision to withdraw by means of an unambiguous statement, without having to provide any justification. The Customer may use the form attached to the General Terms and Conditions of Sale by sending it by post to the Company at the following address: 95 rue de Seine, 75006 Paris or by email to the following address: chumon@maruyamanori.com.

 

  • If the Client notifies the Company of their decision to withdraw, regardless of the method used, the Company will promptly send them an acknowledgement of receipt of the withdrawal on a durable medium (including by email).

 

  • The Customer must return the Product(s) in the same condition as received, with all packaging, accessories, and instructions (even if the Product(s) has/have been opened), as soon as possible and no later than 14 days from the date of notification of withdrawal from this Contract, to the following address: 95 rue de Seine, 75006 Paris, France. In accordance with the law, the Customer is responsible for the return shipping costs. Return shipping costs will only be reimbursed by the Company if the Product(s) delivered are different from those ordered or if the package is damaged.

 

  • The Customer is asked to indicate the reason for return/cancellation, in order to help the Company improve its Products and/or Gift Vouchers.

 

  • In the event of cancellation by the Customer, the refund for the Product(s) and/or Gift Certificate(s) that were subject to the right of cancellation will be issued by the Company using the same payment method as that used for the initial transaction, unless the Customer expressly agrees to a different method. In any case, this refund will not incur any fees for the Customer. The refund will be processed as quickly as possible, and at the latest 14 days from the day the Company is informed of the Customer's decision to cancel their Order.

 

  • In compliance with article L.221-23 of the Consumer Code, the Customer is informed that his liability to the Company is engaged only for a depreciation of the Product(s), returned following the exercise of his right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s).

 

  • Gift vouchers used before the end of the withdrawal period do not have a right of withdrawal:

 

  • In compliance with article L.221-25 of the Consumer Code, the Customer will not benefit from the right of withdrawal during the period of fourteen (14) days if he wishes the Gift Certificate to be used before the end of the withdrawal period.

 

 

  1. RESPONSIBILITYE

 

  • The Company is not responsible for any indirect or consequential damages that the Client may suffer in connection with the performance of these Terms and Conditions and cannot be held liable in the event of fault arising from a force majeure event as defined herein, due to a third party or due to the Client.

 

 

  1. GIVENPERSONAL ESSENCE

 

  • The Company complies with the provisions relating to the protection of personal data and in particular the Data Protection Act of 6 January 1978 as amended by the Act of 20 June 2018 relating to the protection of personal data and the General Data Protection Regulation No. 2016/679 (“GDPR”).

 

 

  1. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

 

  • These T&Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.

 

  • In the event of any dispute arising from the interpretation and/or execution of these terms and conditions or in connection with these terms and conditions between a professional Client and the Company, the courts of the jurisdiction of the Company's registered office shall have jurisdiction.

 

  • In the event of a dispute arising from the interpretation and/or performance of these Terms and Conditions, or in connection with them, the consumer may choose to submit the dispute with the Company to conventional mediation or any other alternative dispute resolution method. The consumer may contact: MEDICYS:https://medicys-consommation.fr: 73 boulevard de Clichy, 75009 Paris.

 

  • The Client is informed that:
  • In order for the dispute to be examined by the mediator, the Client must provide proof that they have made a written complaint to the Company or its customer service department and must keep written evidence of the steps taken;
  • The request must be well-founded and legitimate.

 

  • The Client may contact the mediator within a maximum period of one (1) year following their written complaint to the Company.

 

  • The Customer can visit the European online dispute resolution platform set up by the European Commission at the following address, which lists all the approved dispute resolution bodies in France: https://webgate.ec.europa.eu/odr/.

 

  • In the event of failure of this mediation procedure or if the Client wishes to take legal action, the rules of the Code of Civil Procedure will apply.

 

 

  1. GENERAL PROVISIONS

 

  • Autonomy of clauses

If any provision of these Terms and Conditions, or its application to any person or circumstance, is deemed invalid, such invalidity shall not affect the other provisions or applications of these Terms and Conditions, which shall remain in full force and effect, separate from the provision deemed invalid. To this end, the provisions of these Terms and Conditions are declared independent.

 

  • Notification

All notifications must be made in writing and be either delivered by hand, sent by registered letter with acknowledgment of receipt, or made by extrajudicial act to the address indicated in the Order.

 

  • force majeure

The Parties agree that any event meeting the criteria defined by the case law of the Court of Cassation pursuant to Article 1218 of the Civil Code shall constitute force majeure. It is understood that force majeure shall not be invoked for late payment or non-payment by the Client.