Terms and Conditions

Article 1 - LEGAL NOTICE

 

 The present website, accessible at the URL wakuwakubox.com, is edited by :

 The Director of the publication of WakuWakubox is Dominique Dufour.

 The Operator can be reached at the following email address info@wakuwakubox.com

 

Article 2 - GENERAL PROVISIONS RELATING TO THESE TERMS AND CONDITIONS

 

The general terms and conditions of sale (the "General Terms and Conditions of Sale", or the "GTC") are applicable exclusively to the online sale of products offered by the Operator on the Website.

The GSC are made available to customers on the Site where they can be directly consulted and can also be communicated to them on request by any means.

The CGV are opposable to the customer who recognizes, by checking a box or by clicking on the button provided for this purpose, to have had knowledge of them and to have accepted them before placing order. The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force at the day of the order whose conservation and the reproduction are ensured by the Operator.

 

Article 3 - DESCRIPTION OF PRODUCTS

 

The Site is a site of online sale of French food products open to any person or entity using the site of France.

 

The Products presented on the Site are each the subject of a description (established by the supplier or accessible on the site of the manufacturer by a link on the Site) mentioning their essential characteristics. The photographs illustrating, if any, the products do not constitute a contractual document. The instructions for use of the Product, if it is an essential element, appear on the Site or are sent at the latest upon delivery. The Products comply with the requirements of French law in force.

 

The Customer remains responsible for the modalities and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at the Customer's expense. In addition, the Customer shall provide and be fully responsible for the equipment necessary to connect to the Site.

 

The Customer acknowledges having verified that the computer configuration he/she uses is secure and in working order.

 

 Article 4 - CREATION OF THE CUSTOMER AREA

 

To place an order on the Site, the Customer must first create his personal customer area. Once created, in order to access it, the Customer must identify himself by using his secret, personal and confidential identifier and password. It is the Customer's responsibility not to communicate his login and password in accordance with the provisions of the article PERSONAL DATA of the present General Conditions. Each Customer undertakes to maintain strict confidentiality of the data, in particular the user name and password, enabling him to access his customer area, the Customer acknowledging that he is solely responsible for accessing the Service using his user name and password, unless fraud is proven. Each Customer also agrees to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his login and/or password.

 

After the creation of his personal customer space, the Customer will receive an email confirming the creation of his customer space.

 

The Customer commits himself during his registration to :

 

- provide real, accurate and up-to-date information at the time of their entry in the registration form of the service, and in particular  not to use false names or addresses, or names or addresses without being authorized.

- to keep the registration data up to date in order to ensure that it is real, accurate and up to date at all times.

 

The Customer also undertakes not to make available or distribute illegal or reprehensible information (such as defamatory information or information constituting impersonation) or harmful information (such as viruses). In the contrary case, the Operator will be able to suspend or terminate the Customer's access to the Site at his exclusive fault.

 

Article 5 - ORDERS

 

The Operator endeavours to guarantee an optimal availability of its Products. The offers of Products are valid within the limit of available stocks.

 

If in spite of the best efforts of the Operator, a Product would prove to be unavailable after the order of the Customer, the Operator will inform the Customer by email, as soon as possible and the Customer will have the choice between:

 

- the delivery of a Product of a quality and a price equivalent to that initially ordered, or

 

- a refund of the price of the Product ordered within thirty (30) days of payment of the sums already paid.

 

It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not bound to any cancellation indemnity, except if the non-performance of the contract is personally attributable to him.

 

Except for any mention to the contrary in these General Conditions and without prejudice to the right of withdrawal provided for by the applicable law, the Customer's orders are firm and definitive.

 

When placing an order, the Customer must select the Products chosen, add them to his basket by indicating the Products selected and the quantities desired. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.

 

The Customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges prior to payment of the order. The confirmation of the order entails acceptance of the GTC and forms the contract.

 

A copy of these Terms and Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of the confirmation of the Order so that the Customer can refer to them.

 

The contractual information relating to the order (including the order number) will be confirmed by e-mail in due course and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or to file on a reliable and durable support this confirmation of order as proof. A digital invoice is made available to the Customer in the space "my account". The Operator also advises the Customer to print and/or file on a reliable and durable support this invoice as proof.

 

Any email that will be sent to the Customer within the framework of an order will be sent to the email address that the Customer uses to identify himself in his customer area.

 

The Operator reserves the right not to validate the order of the Customer for any legitimate reason, in particular in the event that:

 

- The Customer would not respect the General Conditions in force at the time of his order;

- The Customer's order history shows that amounts are still due for previous orders;

- One of the Customer's previous orders is the subject of a dispute being processed;

- The Customer did not answer a request for confirmation of its order that the Operator sent to him.

 

The Operator archives the contracts of sale of Products in accordance with the applicable legislation. By sending a request to the following address: info@wakuwakubox.com, the Operator will provide the Customer with a copy of the contract for which the request was made.

 

Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.

 

The information communicated by the Customer during the placing of the order (in particular name and delivery address) engages this one. Thus, the responsibility of the Operator could in no way be sought in the eventuality where an error at the time of the placing of the order would prevent or delay the delivery.

 

The Customer declares that he has full legal capacity to commit himself under these General Conditions.

 

Registration is open to adults and minors under the condition that they are under the supervision of a parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of third parties unless they are validly authorized to represent them (e.g. legal entity). Registration is strictly personal to each Customer.

 

In case of breach by the Customer of one of the provisions of the present contract, the Operator reserves the right to terminate without notice the account of the said Customer.

 

Article 6 - PAYMENT TERMS AND SECURITY

 

The Customer expressly recognizes that any order carried out on the Site is an order with obligation of payment, which requires the payment of a price against the supply of the ordered Product.

 

In any case, the Operator reserves the right to check the validity of the payment, before the dispatch of the order, by all the necessary means.

 

The Operator uses the online payment solution Payment by credit card.

 

The orders can be paid by using one of the following payment methods:

 

- Payment by credit card. The payment is made directly on the secure bank servers of the Operator's bank, the Customer's bank  details do not pass through the Site. The banking coordinates communicated during the payment are protected by a process of  encoding SSL (Secure Socket Layer). In this way, these details are not accessible to third parties.

 

The Customer's order is registered and validated as soon as the bank accepts the payment.

The Customer's account will be debited with the corresponding amount only when (i) the data of the credit card used has been verified and (ii) the debit has been accepted by the bank that issued the credit card.

The impossibility of debiting the amounts due will result in the immediate nullity of the sale.

The credit card may be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.

In this case, the order validated by the Customer will only be considered effective when the secure bank payment center has given its approval of the transaction.

Within the framework of the procedures of control, the Operator can have to ask the Customer all the documents necessary to the finalization of his order. These documents will not be used for any other purpose.

 

Article 7 - PAYMENT OF THE PRICE

The price of the Products in force at the time of the order is indicated in yen including all taxes (TTC), delivery and transport costs included. In the event of a promotion, the Operator agrees to apply the promotional price to any order placed during the period of the promotion.

 

The price is payable in yen (¥) only. The price is due in full upon confirmation of the order. The prices quoted are inclusive of any discounts and rebates that the Operator may grant.

The total amount due by the Customer and its details are indicated on the order confirmation page.

 

Article 8 - FORMATION OF THE CONTRACT

The contract between the Operator and the Customer is formed when the Customer sends the order confirmation.

The attention of the Customer is particularly drawn to the mode of acceptance of the order placed on the Site. When the Customer places an order, he/she must confirm it using the "double-click" technique, i.e., after selecting the Products added to the basket, the Customer must check and possibly correct the contents of his/her basket (identification, quantity of products selected, price, delivery methods and costs) before validating it by clicking on "I validate my delivery", then he/she acknowledges acceptance of these GTCs before clicking on the "I pay" button, and finally, he/she validates his/her order after filling in his/her bank details. The "double click" is an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Customer.

The filing of the communications, the purchase orders and the invoices is ensured by the Operator on a reliable and durable support so as to constitute a faithful and durable copy. These communications, order forms and invoices can be produced as proof of the contract. Except contrary proof, the data recorded by the Operator on Internet or by telephone constitute the proof of the whole of the transactions passed between the Operator and its Customers.

The order can be cancelled by the Customer by registered letter with request for acknowledgement of receipt or by a writing on another durable medium in case of :

- delivery of a Product that does not conform to the declared characteristics of the Product ;

- delivery beyond the deadline fixed in the order form or, in the absence of such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been enjoined, in the same way and without result, to carry out the delivery within a reasonable additional period;

- an increase in price that is not justified by a technical modification of the product imposed by the public authorities.

 

In all these cases, the Customer may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.

 

The order can be cancelled by the Operator in case of :

- refusal of the buyer to take delivery ;

- of non-payment of the price (or the balance of the price) at the time of the delivery.

 

Article 9 - RESERVATION OF OWNERSHIP

The Operator remains the exclusive owner of the Products ordered on the Site until collection of the entire price, including any shipping costs.

 

Article 10 - SHIPMENT AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in Japan.

Delivery means the transfer to the Customer of the physical possession or control of the Product.

The Operator offers different modes of delivery or delivery depending on the nature of the product: Simple delivery

The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order.

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum of thirty (30) days after receipt of the order.

The delivery times are announced in working days on the Site at the time of the order. These times include the preparation and shipment of the order as well as the time provided by the carrier.

The Operator undertakes to dispatch the Products in accordance with the deadlines announced on each Product sheet and at the level of the basket, provided that the payment of the order has not been refused beforehand.

However, if one or several Products could not be delivered within the initially announced time, the Operator will send an email indicating to the Customer the new delivery date.

 

The Products will be delivered to the address indicated by the Customer at the time of his order. It is thus up to him to check that this address does not contain any error. The responsibility of the Operator could not be committed if the address communicated by the Customer is erroneous, preventing or delaying the delivery.

Upon delivery, the customer may be asked to sign a receipt.

No delivery will be made to a post office box.

Upon delivery, it is the Customer's responsibility to verify that the Products delivered conform to the order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No claim on the quantity or condition of the Product will be accepted if the claim has not been indicated on the delivery slip.

 

Article 11 - RIGHT OF WITHDRAWAL

If a delivered Product does not give complete satisfaction to the Customer, the latter can return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.

In accordance with the article L.221-21 of the Code of consumption and in order to implement this right of retractation under the conditions of the articles L. 221-18 and following of the Code of consumption, the Customer is invited to fill the standard form of retractation by contacting the e-mail address: info@wakuwakubox.com

The Operator will send an acknowledgement of receipt of the Customer's withdrawal request by e-mail.

If necessary, the Customer can exercise his right of withdrawal by notifying the following information to the Operator:

- name, geographical address, telephone number and e-mail address;

- decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail as long as these details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form but this is not mandatory.

 

The return costs are at the expense of the Customer, except if the good cannot be normally returned by the Post Office, in which case the Operator will recover the Product at its expense.

The exceptions of the article L.221-28 of the Code of the Consumption apply and make obstacle to the exercise of the right of retractation, in particular if the order consists in a contract :

 

- of supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express  agreement of the consumer and express waiver of his right of withdrawal ;

- supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and  which may occur during the withdrawal period;

- supply of goods made to the consumer's specifications or clearly personalized;

- the supply of goods that are likely to deteriorate or expire rapidly;

- 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;

- the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;

- the supply of alcoholic beverages whose delivery is delayed beyond thirty (30) days and whose value agreed upon at the  conclusion of the contract depends on fluctuations in the market beyond the control of the professional;

- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of  spare parts and work strictly necessary to meet the emergency;

- supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

- supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;

- concluded at a public auction;

- the provision of accommodation services, other than residential accommodation, transportation of goods, car rental, catering or  leisure activities that are to be provided on a specific date or at a specific time;

- the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's prior  express agreement and express waiver of his right of withdrawal.

 

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all accessories.

In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact information (name, first name, address) of the Customer as well as the order number and the original purchase invoice.

The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days from the receipt of the Product and all the elements allowing to implement the reimbursement of the Customer. This refund may be made by the same means of payment as that used for the Customer. In this respect, the Customer having paid his order in the form of credits / gift vouchers could be refunded by credits / gift vouchers according to the will of the Operator.

 

By accepting the present General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.

 

Article 12 - CUSTOMER SERVICE

The Customer can contact the Operator :

- by email to info@wakuwakubox.com indicating his name, telephone number, the object of his request and the number of the  order concerned.

 

- by mail at the following address: 11 rue Durand Benech, 92260 Fontenay aux Roses, France. The customer will indicate his  name, telephone number, the object of his request and the number of the concerned order.

 

Article 13 - INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE

The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereafter, the "Elements") which are protected by the French and international laws and regulations relating in particular to the intellectual property.

Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or not, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case by case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

 

Article 14 - RESPONSIBILITY AND GUARANTEE

The Operator cannot be held responsible for the non-execution of the contract because of the Customer or because of an event qualified as force majeure by the competent courts or because of the unforeseeable and insurmountable fact of any third party.

The Customer recognizes that the characteristics and the constraints of Internet do not allow to guarantee the safety, the availability and the integrity of the transmissions of data on Internet. Thus, the Operator does not guarantee that the Site and its services will function without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or presentation.

The Operator cannot be held responsible for the use that would be made of the Site and its services by the Customers in violation of the present General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for his behavior towards third parties. In the case where the responsibility of the Operator would be sought because of such a behavior of one of its Customers, this last one commits himself to guarantee the Operator against any condemnation pronounced against him as well as to refund the Operator of the whole of the expenses, in particular the lawyers' fees, engaged for his defense.

Independently of any additional contractual guarantee (commercial guarantee) which could be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code), and the guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.

 

When you act within the framework of the legal guarantee of conformity:

- you have a period of two (2) years from the delivery of the goods to act:

- you may choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the  Consumer Code;

- You are exempted from proving the existence of the lack of conformity of the good during the twenty-four (24) months following  the delivery of the good (except for second-hand goods).

 

 

You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the French Consumer Code, articles 1641, 1644 and the first paragraph of article 1648 of the French Civil Code, as in force on the date of these General Terms of Sale:

Article L.217-4 of the Consumer Code:

"The seller delivers a good in conformity with the contract and is responsible for defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L.217-5 of the Consumer Code:

"The good is in conformity with the contract:

1° If it is fit for the purpose usually expected of a similar good and, where appropriate :

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

- if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the  salesman, by the producer or by his representative, in particular in publicity or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L.217-7 of the Consumer Code:

"Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller may rebut this presumption if it is not compatible with the nature of the goods or the claimed lack of conformity."

Article L.217-9 of the Consumer Code:

"In case of lack of conformity, the buyer chooses between repairing or replacing the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L.217-12 of the Consumer Code:

"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."

Art. 1641 of the Civil Code:

"The seller is bound by the warranty for latent defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known about them."

Art. 1644 of the Civil Code:

"In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned."

Art. 1648 paragraph 1 of the Civil Code:

"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."

 

It is reminded that the search for amicable solutions prior to a possible legal action does not interrupt the periods of action of the legal guarantees nor the duration of any possible contractual guarantee.

 

Article 17 - PERSONAL DATA

For more information concerning the use of personal data by the Operator, please read carefully the Charter on the respect of privacy (the "Charter"). You can consult this Charter at any time on the Website.

 

Article 18 - HYPERTEXT LINKS

The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided only for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he/she will leave the Site and agree to use the third-party sites at his/her own risk or, if applicable, in accordance with the conditions governing them.

The Customer acknowledges that the Operator does not control or contribute in any way to the elaboration of the conditions of use and/or the content applying to or appearing on these third party sites.

Consequently, the Operator cannot be held responsible in any way whatsoever because of these hypertext links.

In addition, the Customer recognizes that the Operator cannot guarantee, guarantee or take in his account all or part of the conditions of use and/or the contents of these third party sites.

The Site can also contain promotional hypertext links and/or advertising banners referring to third party sites not published by the Operator.

 

 

The Operator invites the Customer to inform him of any hypertext link present on the Site which would allow to reach a third site proposing contents contrary to the laws and/or to the good morals.

The Customer will not be able to use and/or insert a hypertext link pointing towards the site without the prior written agreement of the Operator on a case by case basis.

 

 

Article 19 - REFERENCES

The Client authorizes the Operator to mention the name of the Client, its logo as a reference in its communication supports (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).

 

Article 20 - GENERAL PROVISIONS

COMPLETENESS OF THE PARTIES' AGREEMENT

The present General Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their object. If one or several stipulations of the present General Conditions were declared null and void in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope. In addition, the fact that one of the parties to these General Conditions does not take advantage of a breach by the other party of any of the provisions of these General Conditions shall not be interpreted as a waiver on its part to take advantage of such a breach in the future.

 

MODIFICATIONS OF THE CONDITIONS

 

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to temporarily or permanently cease operating all or part of the Site.

Moreover, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as the present General Conditions. The Customer is thus required to refer to the present General Conditions before any use of the Site.

 

 The Customer acknowledges that the Operator cannot be held responsible in any way whatsoever towards him or any third party because of these modifications, suspensions or cessations.

The Operator advises the Customer to save and/or print the present General Conditions for a safe and durable conservation, and thus to be able to invoke them at any time during the execution of the contract if necessary.

COMPLAINT - MEDIATION

In case of dispute, you must contact in priority the customer service of the company at the following address: info@wakuwakubox.com

 

 

APPLICABLE LAW

These General Conditions are governed, interpreted and applied in accordance with French law.

 

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read the present General Conditions.

By registering on the Site, the Customer confirms that he/she has read the General Conditions and accepts them, thereby becoming contractually bound by the terms of these General Conditions.

The General Conditions applicable to the Customer are those available at the date of the order, a copy of which dated to this day can be given to the Customer on request. It is therefore specified that any modification of the General Conditions which would be made by the Operator will not apply to any order made previously, except with the express agreement of the Customer at the origin of a given order.