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General conditions of sale

The purpose of the simplified joint-stock company B&A DONNE LE TON in France and abroad is to:

Design, creation, makeover and trade by all means and for all audiences of clothing and fashion accessories, shoes, bags, jewellery and leather goods, household linen, decorative objects, furniture.

Article 1. Application of the general conditions of sale

The general conditions of sale detailed below apply to all orders for products and services placed via the site by any person “the buyer” and/or “the customer”. The customer must read the terms and conditions prior to any order, the terms and conditions being available on the site www.naiakitsu.fr

In accordance with articles L.111-1 and L.111-4 of the French Consumer Code, the essential characteristics and prices of the Services sold electronically are available at www.naiakitsu.com

The buyer receives the information provided for in articles L.122-1 and L.221-11 of the French Consumer Code, prior to and after the conclusion of the sale and in particular through these General Conditions of Sale.

These Terms and Conditions of Sale apply to all sales of Services by the Seller made through the Site.

The buyer declares that he has read these General Conditions of Sale before the Validation of the Order within the meaning of Article 6. The Validation of the Order therefore constitutes acceptance without restriction or reservation of these General Conditions of Sale. These General Conditions of Sale are applicable for orders made for Delivery in mainland France, including Corsica and abroad and abroad.

Article 2. Purpose 

The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of Products offered by the Seller to the Buyer.

Article 3. Products

The products offered for sale are those described on the site on the day of the consultation of the site by the customer within the limit of the available stocks. These indications are updated regularly, However, an error in the update, whatever the origin, does not engage the responsibility of the seller, As such, SAS B&A cannot be held responsible for the cancellation of an order of a product due to the depletion of stocks.

The Seller takes great care in the presentation and description of its products, however it is possible that errors may appear on the site what the buyer recognizes and accepts. The photos representing the products on the site are indicative and may be subject to modifications, which implies that they are non-contractual.

SAS B&A sets the tone and does not guarantee accuracy if the security of the information transmitted.

Article 4. Entry into force and duration 

This contract shall enter into force on the date of Validation of the Order as defined in Article 6.

The contract is concluded for the period necessary for the provision of the Services, until the termination of the guarantees and obligations due by the Seller.

Article 5. Industrial property rights

The trademark of Seller B&A SETS THE TONE and/or NAIAKITSU, as well as all figurative and non figurative trademarks and more generally all other trademarks, illustrations, images and logos appearing on the Goods, their accessories and packaging, whether registered or not, are and shall remain the exclusive property of the Seller.

Any total or partial reproduction, modification or use of these marks, illustrations, images or logotypes, for any reason and on any medium whatsoever, without the express and prior consent of the Seller, is strictly prohibited.

The same applies to any combination or conjunction with any other mark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs and patents that are the property of the Seller.

Article 6. Ordering of Products or Pre-orders and steps for closing the sale online

The Customer places their Order or Pre-order online, from the online catalogue. Any order or pre-order is deemed acceptance of the prices and descriptions of the products available for sale. Any Order or Pre-order will be confirmed when the Customer clicks on the “Validate Payment” button.

Confirmation of the Order or Pre-order implies acceptance by the Customer of the Terms and Conditions and the essential characteristics of the Products.

Upon registration of the Order or Pre-order, a confirmation email will be sent to the Customer by the seller summarizing these (Products, price, availability of Products, quantity, etc.). To this end, the Customer formally accepts the use of e-mail for the confirmation by the seller of the content of its Order.

In case of Pre-order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of Article 1590 of the French Civil Code.

By passing a Pre-order, the Customer acknowledges that if the pre-order objective mentioned on each product sheet for pre-order is not reached at the end of the Pre-order deadline, he will be refunded the entire purchase, and the production of the pre-ordered item will not be launched.

In this case, the seller must refund the Customer within fourteen (14) days of the cancellation of the Pre-order.

In order to complete the Order or pre-order online, the Customer must follow the following steps from the website www.naiakitsu.fr:

Dial the address of the Site;
Follow the instructions of the Site and, if applicable, the instructions necessary to open a customer account;
Fill out the order or pre-order form by choosing the product. The customer can select as many Products as he wishes

In case of prolonged inactivity during the connection, it is possible that the selection of the Products chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume its selection of Services from the beginning;

Check the elements of the Order or pre-order and, if applicable, identify and correct errors;
Validate the Order, the Unit Price and the Total Price;
The payment of the order will be made according to one of these methods:

– secure payment by credit card or “Paypal”,

– payment by bank cheque payable to NAIAKITSU or by bank transfer if offered on the site.

In the case of payment by wire transfer or cheque, NAIAKITSU will only ship the order upon receipt of the payment and its receipt.

In the case of a bank transfer, the customer must ensure with his bank that the total amount of the order will be credited to the NAIAKITSU account and that the name and order number of the customer is indicated in reference to the transfer. Any bank charges claimed by the customer’s Bank shall be borne by the customer.

In case of payment by cheque, the customer will have to ensure the provision of the cheque on the total amount of the order. Any bank charges remain at the customer’s expense.

All payments made through PAYPAL or a credit card will be secured, the payment order made by credit card cannot be cancelled, therefore the payment of the order is irrevocable, without prejudice to the customer to exercise his right of withdrawal or subsequent cancellation of the order.

When carrying out the various stages of the Order mentioned above, the Customer undertakes to comply with these contractual conditions by application of Article 1366 of the French Civil Code.

In accordance with article L. 122-1 of the French Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, passed in bad faith or for any other legitimate reason, and in particular, where there is a dispute with the Customer concerning the payment of a previous order.

Article 7. Product prices and conditions of validity 

The price of the products sold on the Site is indicated in Euros for the European Union, VAT included, but excluding customs fees and other taxes.

The change in the applicable VAT rate will be automatically reflected in the price of the Products.

The telecommunications costs inherent in accessing the Site remain the sole responsibility of the buyer.

The period of validity of offers and prices is determined by the updating of the Site.

Article 8. Conditions of payment 

The placing of the order implies a payment of the buyer.

The payment of the Price by the Customer is made through one of the following means of payment: bank transfer or bank cheque or bank card or «paypal».

In the event that the Total Price debit is not possible, the Sale will be terminated immediately and the Order will be cancelled.

The Seller shall use all means to ensure the confidentiality and security of the data transmitted on the Site.

Article 9. Right of withdrawal 

In accordance with article L.221-18 of the French Consumer Code, the non-professional buyer has a right of withdrawal which he may exercise within 14 calendar days following the date of receipt or withdrawal of the Order without having to give reasons for his decision. In the event that this period expires on a Saturday, a Sunday or a public holiday, it shall be extended until the next working day.

The right of withdrawal is exercised without penalty.

The buyer returns the order with the return voucher without undue delay and no later than 14 days following the communication of his decision to withdraw in accordance with article L.221-21 of the French Consumer Code.

Beyond this 14-day period, the sale is firm and final. The product must be returned in its original packaging, in its original state, new, unworn, and unwashed with the brand label, its link and bar code on the back. If these conditions are not met, the seller reserves the right not to refund.

Article 10. Legal guarantees

Article L217-4 of the French Consumer Code: the seller is required to deliver a good in accordance with the contract and is liable for any noncompliance existing at the time of delivery. He shall also be liable for any defects in conformity resulting from the packaging, the installation instructions or the installation where this has been charged to him by the contract.

Article L211-5 of the French Consumer Code:

To comply with the contract, the property must

1/be suitable for the usual intended use of a similar good and, where appropriate, correspond to the description given by the seller and possess the qualities which the seller has presented to the buyer,

2/or present the characteristics defined by mutual agreement of the parties or be suitable for any special use sought by the buyer brought to the attention of the seller and which the latter has accepted.

Article L211-12 of the Consumer Code: the action resulting from the failure to comply is prescribed by two years from the issue of the property.

The customer can choose between repair or replacement of the property subject to the cost conditions provided by article L217-9 of the Consumer Code.

Under Article 1231-1 of the French Civil Code, in the event of non-performance or incomplete performance of the service by the Seller, the latter is liable to incur its contractual liability by the Customer.

Article 11. Delivery:

Deliveries are carried out by Colissimo, Chronopost, or other service providers such as UPS, DHL, MONDIAL RELAY or other postal services abroad from Monday to Saturday depending on the option chosen by the buyer at the time of the order validation.

Delivery means the transfer of physical possession of the goods to the Customer.

The seller delivers the Orders within a maximum period of twelve (12) working days for a Delivery in Metropolitan France and twenty (20) working days for an International Delivery, this period being counted from the first working day after the validation of the Order (note that the seller does not deliver the Products in the following countries: Morocco, Brazil, Taiwan, South Korea, United Arab Emirates). For pre-orders, lead times are linked to production times not exceeding 16 weeks.

The shipping costs applicable to the order are those mentioned on the site at the time of the order.

The delivery is made to the delivery address indicated by the customer, it being specified that in case of impossibility to carry out the delivery, due to an erroneous delivery address or to the absence of withdrawal by the customer of his order from the selected pick-up point, No redirection will be possible.

Article 12. Force majeure

The performance by the Seller of its obligations under this Agreement shall be suspended in the event of the occurrence of an unforeseen event or force majeure which would hinder or delay its performance.

The Seller shall inform the Customer of the occurrence of such a fortuitous event or force majeure within fifteen days from the date of occurrence of the event.
When the suspension of the performance of the Seller’s obligations continues for a period of more than 15 days, the Customer has the option of terminating the Order in progress and the Seller shall then refund the Order under the conditions referred to in Article 7.

Article 13. Partial disability

If any of the provisions of this Agreement are rescinded, such nullity shall not render void any other provisions of this Agreement which shall remain in force between the parties.

Article 14. Amendment of the contract 

Any amendment, termination or abandonment of any of the provisions of this Agreement shall be valid only after written agreement has been signed between the Parties.

Article 15. Independence of the parties 

Neither Party may make commitments on behalf and/or on behalf of the other Party. In addition, each Party remains solely responsible for its claims, commitments, services, products and personnel.

Article 16. Non-derogation 

The fact that one of the Parties does not invoke an undertaking by the other Party to any of the obligations referred to herein, cannot be interpreted in the future as a waiver of the obligation in question.

Article 17. Notifications

All notifications to be made under this Agreement shall be deemed to have been made if they are made by registered letter with acknowledgement of receipt to the following addresses: 11 Boulevard de SEVIGNE à 21000 DIJON.

Article 18. Applicable law 

These General Conditions of Sale are governed by French law.

Article 19. Claims and amicable settlement of disputes 

Pursuant to Article L. 612-1 of the French Consumer Code, “Every consumer has the right to free recourse to a consumer mediator for the purpose of amicable termination of the dispute between him and a professional.”

The Customer is informed that any consumer may have free recourse to a consumer mediator for the amicable resolution of a dispute with a professional. Consumer mediation applies to any domestic or cross-border dispute between a consumer and a professional in connection with the performance of a contract of sale or provision of services.

It is possible to either refer a consumer mediator from the list on the Consumer Mediation Site, or to fill out the automated complaint form to contact a dispute resolution body.

The request may not be accepted by the consumer mediator if:

1) The Customer does not justify having tried, in advance, to resolve its dispute directly with the seller by a written complaint in accordance with the terms provided;

2) The request is manifestly unfounded or abusive;

3) The dispute has been previously examined or is being examined by another mediator or by a court;

4) The consumer submitted his request to the Ombudsman within a period exceeding one year from his written complaint to the seller;

5) The dispute does not fall within its jurisdiction.

The consumer shall be informed by the mediator, within three weeks of receipt of his file, of the rejection of his request for mediation.

In the absence of recourse to mediation, the courts under the jurisdiction of the company’s registered office shall have jurisdiction.

In the absence of an amicable resolution, any dispute relating to the interpretation of the General Terms and Conditions, the execution or termination of a sale, the interpretation, execution or termination of these General Terms and Conditions shall, in the absence of an amicable agreement, be submitted to the competent courts.

Article 20. Assignment of jurisdiction 

Any dispute arising from the formation, interpretation or performance of this Agreement shall be the exclusive jurisdiction of the Courts of Dijon.

Article 21. Protection of personal data.

All the data that the customer entrusts to us, are used to process and manage the orders. By virtue of Law no. 78-17 of 6 January 1978 relating to data processing, files and freedoms, and the European Regulation, the customer has the right to rectify, view, modify and/or delete his personal data. The persons concerned have the right to lodge a complaint with the CNIL.

To do this, simply send an email to naiakitsu@naiakitsu.fr and the necessary arrangements will be made immediately.  The information and data concerning the Customer are strictly necessary for the management of orders, the execution and monitoring of commercial relations, as well as for internal statistical purposes. This data may be transmitted to the companies participating in these relationships (such as those responsible for the execution of the services and Orders) for their management, execution, processing and Payment. This data is also stored in order to pursue the objectives of security, identification, improvement and customization of services.

The Customer is likely to receive offers from the Seller relating to Products or Services similar to those or the previous Order, or newsletters. He will at any time have the possibility to oppose it at no cost for the future, according to the modalities specified for each shipment.

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