General conditions of sale

 

Preamble

These general terms and conditions of sale apply to all sales concluded on the hayami-shop.fr website.

The hayami-shop.fr website is a service of the company Oka Production, located at 38, rue Vauthier, 92100 Boulogne-Billancourt, France, registered with the Nanterre commercial register under SIRET number 84276303900034

Website URL: http://hayami-shop.fr

Email: contact@hayami-shop.fr

The hayami-shop.fr website sells the following products: Hayami brand clothing and accessories.

The customer declares having read and accepted the general terms and conditions of sale prior to placing the order. The validation of the order therefore constitutes acceptance of the general terms and conditions of sale.

 

Article 1 - Principles

These general terms and conditions of sale express the entirety of the parties' obligations.

In this sense, the buyer is deemed to accept them without reservation.

These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the hayami-shop.fr website and shall prevail, if necessary, over any other conflicting version or document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions occasionally. They will be applicable as soon as they are posted online.

If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector for companies headquartered in France.

These general terms and conditions of sale will be valid as long as the hayami-shop.fr website is active.

 

Article 2 - Content

These general terms and conditions aim to define the rights and obligations of the parties within the framework of the online sale of clothing and accessories offered by the seller to the buyer, from the hayami-shop.fr website.

These conditions concern purchases made on the hayami-shop.fr website and delivered in mainland France, Corsica, French overseas departments and territories or abroad.

These purchases concern the following products: Hayami brand clothing and accessories.

 

Article 3 - Pre-contractual information

The buyer acknowledges having been informed, prior to placing their order and concluding the contract, in a clear and comprehensible manner, of these general terms and conditions of sale and of all the information listed in Article L.221-5 of the Consumer Code.

The following information is provided to the buyer in a clear and comprehensible manner:

• the essential characteristics of the clothing or accessories;
• the unit price of the clothing or accessory and/or the method of calculating the price;
• If applicable, all additional transport, delivery, or postage costs and any other potential applicable costs;
• in the absence of immediate execution of the contract, the date or period within which the seller undertakes to deliver the order, regardless of its price;
• Information relating to the seller's identity, their electronic contact details, and their activities relating to legal guarantees and the existence and procedures for implementing guarantees and other contractual conditions.

 

Article 4 - The order

The buyer has the option of placing their order online, from the online catalog and using the form provided, for any product within the limits of available stock.

The buyer will be informed of any unavailability of the ordered product.

For the order to be validated, the buyer must accept these general conditions by clicking in the indicated place. They must also choose the delivery address and method, and finally validate the payment method.

The sale will be considered final:

• after the seller sends the buyer an email confirming acceptance of the order;
• and after the seller has collected the full price.

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will be addressed within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, particularly payment default, an incorrect address, or another problem with the buyer's account, the seller reserves the right to block the order until the problem is resolved.

For any questions regarding order tracking, the buyer can send an email to the following address: contact@hayami-shop.fr

Article 5 - Electronic signature

The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:

• the sums due under the purchase order;
• signature and express acceptance of all operations carried out.

In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is noted, to contact the seller by email at the following address: contact@hayami-shop.fr

 

Article 6 - Order confirmation

The seller provides the buyer with an order confirmation by email, to the address provided by the buyer. The seller cannot be held responsible for any error in the information and contact details provided by the buyer.

 

Article 7 - Proof of transaction

The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.

The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

 

Article 8 - Product information

The products governed by these general terms and conditions of sale are those listed on the seller's website and which are indicated as sold and shipped by the seller.

They are offered within the limits of available stock.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller's liability cannot be engaged.

The product photographs are not contractual.

 

Article 9 - Price

The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date.

Prices are indicated in euros. They do not include delivery costs, which are charged additionally and indicated before order validation. Prices include the VAT applicable on the day of the order, and any change in the applicable VAT rate will automatically be passed on to the price of products in the online store.

If one or more taxes or contributions, notably environmental, are created or modified, whether increasing or decreasing, this change may be reflected in the selling price of the products.

 

Article 10 - Payment method

This is an order with an obligation to pay, which means that placing the order implies payment from the buyer.

To pay for their order, the buyer has, at their discretion, all payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that they have the necessary authorizations to use the payment method chosen by them, when validating the purchase order.

The seller reserves the right to suspend any order processing or delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment. The seller specifically reserves the right to refuse to make a delivery or honor an order from a buyer with whom a payment dispute is ongoing.

The price is paid in full on the day of the order, according to the payment methods available on the hayami-shop.fr website.

 

Article 11 - Product availability - Refund - Resolution

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the site's homepage, shipping times will be, within the limits of available stock, those indicated below. Shipping times start from the order registration date indicated on the order confirmation email.

For deliveries in mainland France and Corsica, the delivery time is 5 days from the day after the buyer placed their order, according to the following terms: standard delivery. At the latest, the delivery time will be 30 working days after the conclusion of the contract.

For deliveries to overseas departments and territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis.

In the event of non-compliance with the agreed delivery date or time, the buyer must, before terminating the contract, instruct the seller to perform it within a reasonable additional period.

Should the seller fail to perform by the end of this new period, the buyer may freely terminate the contract.

The buyer must carry out these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or written notification informing them of this termination, unless the professional has performed in the meantime.

However, the buyer may immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for them.

In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest from their payment, or an exchange of the product.

 

Article 12 - Delivery methods

Delivery is understood as the transfer of physical possession or control of the goods to the consumer. Ordered products are delivered according to the terms and deadlines specified above.

Products are delivered to the address indicated by the buyer on the order form, and the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be re-shipped at the buyer's expense. The buyer may, at their request, obtain an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the person in charge of delivery will leave a delivery notice in the mailbox, which will allow the package to be collected at the indicated place and time.

If, at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).

The buyer must indicate on the delivery note, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...).

This verification is considered to have been carried out once the buyer, or a person authorized by them, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following the receipt of the item(s) and send a copy of this mail by fax or simple mail to the seller at the address indicated in the legal notices of the site.

If the products need to be returned to the seller, they must be subject to a return request to the seller within 14 days of delivery. Any claim made outside this period cannot be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions...).

 

Article 13 - Delivery errors

The buyer must inform the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim regarding a delivery error and/or non-conformity of the products in nature or quality compared to the indications on the order form. Any claim made after this period will be rejected. The claim can be made by e-mail to the following address: contact@hayami-shop.fr

Any claim not made according to the rules defined above and within the given deadlines cannot be taken into account and will release the seller from all liability towards the buyer. Upon receipt of the claim, the seller will assign an exchange number to the product(s) concerned and communicate it to the buyer by e-mail. Product exchanges can only take place after an exchange number has been assigned.

In case of delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by making a return request on the website https://returns.bigblue.co/hayami-retours. Return costs are the responsibility of the seller.

Exchanges other than for product non-conformity are not supported. If the item is unsuitable, a return and refund request will be necessary. The price of the item will be refunded but shipping costs will remain the customer's responsibility.

Article 14 - Product Guarantee

14-1 Legal Guarantee of Conformity

The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-3 et seq. of the Consumer Code.

In case of invocation of the legal guarantee of conformity, it is reminded that:

• the buyer benefits from a period of 2 years from the delivery of the goods to act;
• the buyer can choose between repair or replacement of the goods, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code;
• the buyer does not have to provide proof of the non-conformity of the goods during the 24 months for new goods (12 months for second-hand goods), following the delivery of the goods.

14-2 Legal Guarantee against Hidden Defects

In accordance with articles 1641 et seq. of the Civil Code, the seller guarantees against hidden defects that may affect the sold goods. It will be up to the buyer to prove that the defects existed at the time of sale and are of a nature to render the goods unfit for their intended use. This guarantee must be implemented within two years of the discovery of the defect.

The buyer can choose between cancellation of the sale or a reduction in price in accordance with article 1644 of the Civil Code.

Article 15 - Right of Withdrawal

Application of the Right of Withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request a refund without penalty, with the exception of any return costs which remain the responsibility of the buyer.

Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing their re-marketing as is and accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted.

The right of withdrawal can be exercised online, using the contact form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the will to withdraw.

In case of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased will be reimbursed; delivery costs are not reimbursed.

Return costs are the responsibility of the buyer.

The refund will be made within 10 days, and at the latest, within 14 days from the receipt by the seller of the products returned by the buyer under the conditions provided above.

Exceptions

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

• for the supply of goods whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period;
• for the supply of goods made according to the consumer's specifications, or clearly personalized;
• for the supply of goods liable to deteriorate or expire rapidly;
• for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• for the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
• for the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;
• for maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him or her, within the limits of spare parts and work strictly necessary to respond to the urgency;
• for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• for the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
• for 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 or her right of withdrawal.

Article 16 - Force Majeure

All circumstances beyond the control of the parties preventing the normal execution of their obligations are considered as grounds for exemption from the parties' obligations and entail their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.

Shall be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, cessation of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will approach each other to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

Article 17 - Intellectual Property

The content of the website remains the property of the seller, who is the sole holder of the intellectual property rights to this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.

Article 18 - Data Protection and Liberties

The personal data provided by the buyer are necessary for the processing of their order and the establishment of invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning them. This right can be exercised under the conditions and according to the procedures defined on the hayami-shop.fr website.

Article 19 - Partial Invalidation

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

Article 20 - Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 21 - Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 22 - Language of the contract

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in case of dispute.

Article 23 - Mediation and dispute resolution

The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in case of dispute.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 - Applicable Law

These general conditions are subject to French law. The competent court is the judicial court.

This applies to both substantive rules and procedural rules. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution.

Article 25 - Protection of personal data

Data collected

The personal data collected on this site are as follows:

• account opening: when the user creates their account, their surname; first name(s); email address; telephone number; postal address
• connection: when the user connects to the website, it records, in particular, their surname, first name, connection, usage, and location data, and their payment-related data;
• profile: the use of the services provided on the website allows for the creation of a profile, which may include an address and a telephone number;
• payment: within the framework of payment for products and services offered on the website, it records financial data relating to the user's bank account or credit card;
• communication: when the website is used to communicate with other members, data concerning the user's communications are temporarily stored;
• cookies: cookies are used as part of the use of the site. The user has the option to disable cookies from their browser settings.

Use of personal data

The personal data collected from users are intended for the provision of website services, their improvement, and the maintenance of a secure environment. More precisely, the uses are as follows:

• access and use of the website by the user;
• management of the website's operation and optimization;
• organization of the terms of use of Payment Services;
• verification, identification, and authentication of data transmitted by the user;
• implementation of assistance;
• personalization of services by displaying advertisements based on the browsing history used, according to their preferences;
• prevention and detection of fraud, malware (malicious software), and management of security incidents;
• management of potential disputes;
• sending commercial and advertising information, according to the preferences of each individual

Sharing of personal data with third parties

Personal data may be shared with third-party companies in the following cases:

• during the use of payment services: for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracts;
• when the website uses the services of providers to provide assistance, advertising, and payment services. These providers have limited access to the recorded data, within the framework of the execution of these services, and have a contractual obligation to use them in compliance with the provisions of the applicable data protection regulations;
• if required by law, the website may transmit data to respond to claims made against the website and to comply with administrative and judicial procedures;
• if the website is involved in a merger, acquisition, asset sale, or bankruptcy procedure, it may be led to sell or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information on the internet.

 

Implementation of User Rights

In accordance with applicable personal data regulations, users have the following rights, which they can exercise by sending their request to the following address: contact@hayami-shop.fr

•   Right of access: Users can exercise a right of access to find out what personal data concerning them is held. In this case, before implementing this right, the website may request proof of identity to verify its accuracy.
•   Right to rectification: If the personal data held by the website is inaccurate, it is possible to request that the information be updated.
•   Right to erasure: Users can request the deletion of their personal data, in accordance with applicable data protection laws.
•   Right to restriction of processing: Users can ask the website to restrict the processing of personal data in accordance with the hypotheses provided for by the GDPR.
•   Right to object to data processing: Users can object to their data being processed in accordance with the hypotheses provided for by the GDPR.
•   Right to data portability: It is possible to request that the website provide them with the personal data they have provided to transmit it to a new website.

 

Evolution of this clause

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he or she has the option to delete their account.

 

 

The consumer code can be consulted on the website http://www.legifrance.gouv.fr