Preamble

The site www.la-boutique-du-wc-japonais.com is managed by the Idea Tank company. Headquarter :
Idea Tank
304 rue Garibaldi
69007 Lyon
RCS Lyon 497 555 961
N°SIRET : 497 555 961 00018

These conditions are concluded between Idea Tank, as identified above, and the persons, hereinafter “the customer,” wishing to make a purchase from the Internet site at http://www.la-boutique-du-wc-japonais.com, hereinafter “the Site”. The parties agree that their relations will be governed exclusively by the present contract to the exclusion of any prior condition available on the Site. However, if a condition should come to be missing, it would be considered to be governed by current custom in the remote sales sector whose companies are headquartered in France.

The order

The offers contained in this site are valid as long as products are available.

Every order “signed” by the validation click constitutes an irrevocable commitment by the customer, which may not be challenged except in these cases envisioned in these general conditions of sale.

Laboutiqueduwcjaponais.com undertakes to honour the orders received on the Internet site only to the extent of the available product stock. The order will be filled within the period of time specified on the site and upon confirmation of the order by laboutiqueduwcjaponais.com, and in any case no later than 30 business days following confirmation of the order, subject to the availability of the product ordered and unless specifically agreed otherwise between the parties.

If an ordered product is out of stock or unavailable, laboutiqueduwcjaponais.com undertakes to inform the customer as soon as possible and to specify when the product will be available. The customer will confirm by e-mail his/her decision either to wait for the product to become available or to receive a refund.

The products ordered remain the property of laboutiqueduwcjaponais.com until final payment in full of their price in accordance with the terms of French Law 80 335 of 12 May 1980. Laboutiqueduwcjaponais.com reserves the right to reclaim the ordered products in the event of failure to pay. In this case, and at the first request by laboutiqueduwcjaponais.com, the customer undertakes to return any unpaid product, bearing all expenses.

Terms and conditions of payment

Payment in full is due when the order is submitted. The customer undertakes to pay the stipulated price for the ordered product on the site (product price and shipping cost) and to pay or to have paid, if necessary, and directly to the forwarding agent or carrier, customs duties, VAT or other taxes owed when importing products into the country of delivery.

The customer guarantees laboutiqueduwcjaponais.com that he/she has any necessary authorisations to utilise the mode of payment of his/her choice as proposed below :
- By credit card as proposed on the Site.

- By Paypal.
- By cheque payable to laboutiqueduwcjaponais.com. If cheques are not received within 10 days from confirmation of the order by laboutiqueduwcjaponais.com or if the cheque is rejected by the bank, laboutiqueduwcjaponais.com reserves the right to cancel the order.
- By bank transfer to the order of laboutiqueduwcjaponais.com. If the bank transfer is not received within 10 days from confirmation of the order by laboutiqueduwcjaponais.com or if the cheque is rejected by the bank, laboutiqueduwcjaponais.com reserves the right to cancel the order.

Fess and custom duties

Prices are given in Euro, all taxes included. They take into account the VAT applicable on the date of the order. They do not include buyer’s share of the delivery costs, which are invoiced in addition and which will be indicated in the order confirmation.

For deliveries within the European Union, the prices take into account the VAT applicable on the date of the order. They are therefore indicated as including VAT. Neither customs duties nor VAT will be owed for a delivery within the European Union. Any change in the applicable rate may be passed on to the sale prices of the products in the catalogue.

For deliveries outside the European Union, the customer must pay customs duties, VAT or other taxes owed when the products are imported into the country of delivery. Any related formalities are also the exclusive responsibility of the customer unless otherwise indicated. The customer alone is responsible for verifying the possibilities for importing the products ordered in regard to the laws of the country of delivery.

Tranfer of risks and liability

Risks are transferred to the customer when the products are turned over to the carrier by laboutiqueduwcjaponais.com.

During the return period as described below, the customer is responsible for the products as its guardian. If the product is damaged or destroyed while under the customer’s guardianship, the customer shall bear all consequences.

Laboutiqueduwcjaponais.com can not under any circumstance be held responsible for damages of any nature what-so-ever, wether material, immaterial or corporal, which could result of defective operation or defective usage of commercialized products. The same rules apply to any product modification resulting from the manufacturer.

Customers are informed as to the products's basic features on the internet site. However, Customers are invited to familiarise themselves with user's manuals and all other information supplied with the product or written on the product or its packaging (precautions for use, operating conditions, etc.).

We remind you that photographs used to illustrate texts and products do not enter into the domain of the contract. As a consequence, in no case can Laboutiqueduwcjaponais.com be held responsible for any errors regarding the photographs used to display its products.

The delivery

Products are delivered to the address indicated by the customer on the order form.

Delivery is deemed to have been made when the product is turned over to the carrier. The delivery slip issued by the carrier, dated and signed by the customer upon delivery of the product, will constitute proof of transport and delivery. Upon delivery, the customer will check the contents, compliance and condition of the product or products.

In the event of delays, damages, total or partial loss or some other problem, the customer will be responsible for making any claims against the carrier; laboutiqueduwcjaponais.com shall not be held liable. Therefore, upon delivery, laboutiqueduwcjaponais.com recommends that the customer check the condition of the products delivered before signing the acknowledgement of receipt for the package. If the customer finds problems, he/she must refuse delivery of the products or make specific handwritten and dated reservations. These reservations must be confirmed with the carrier by registered letter with acknowledgement of receipt within three business days following delivery of the products. A copy will be sent to laboutiqueduwcjaponais.com.

In addition to those customarily considered to be such by jurisprudence and by the French courts, the following will be considered as cases of force majeure: complete or partial strikes, internal or external to the company, blockage of transport or supply means for any reason, governmental or legal restrictions, computer breakdowns, blockages of telecommunications including networks and particularly the Internet.

The occurrence of a case of force majeure will initially suspend execution of the order ipso jure. If the parties find that the case of force majeure persists after three months, the order will be automatically cancelled unless otherwise agreed by both parties.

If the addressee is absent when delivery is made, the carrier will leave a delivery notice at the delivery address indicated by the customer. Products must be picked up at the address and as indicated by the carrier.

If pickup is not made within the period of time specified by the carrier, the products will be returned to laboutiqueduwcjaponais.com, which reserves the right to reimburse the product price, with shipping costs borne by the customer.

Claims

Claims for nonconformity of the product or products delivered with the order must be made in writing directly to laboutiqueduwcjaponais.com, immediately upon receipt. The customer must keep the packaging and delivery slip.

If there is an error with the product, the customer undertakes to return said product or products within seven days following their receipt, on the condition that they be sent without opening their packaging, in their original condition and packaging, with the accompanying documents.

Upon receiving the product in good condition, laboutiqueduwcjaponais.com will send back at its expense the product initially ordered.

Right of return

For a period of seven days from receipt of his/her order, the customer has the right to return, at his/her expense, the products with which he/she is not satisfied, for exchange or reimbursement, pursuant to article 121-16 of the Consumer Code.

The returned product must be in its original condition and packaging. It must not have been used nor suffered any deterioration, however minimal, and must be perfectly clean.

This right of return is exercised with penalties (5% of the order’s vale). The return costs are paid by the client.

Within a maximum of 15 days from receiving the product, laboutiqueduwcjaponais.com will send a cheque or will credit back the customer credit card as reimbursement for the article or articles to the customer.

If the customer refuses the products when it is delivered, he will have to pay return costs (30 € TTC for France, 100 € for foreign country).

Warranty

The warranty period shall take effect at the time of delivery. The invoice shall serve as certificate of warranty. Without submitting the invoice, the customer shall not be entitled to warranty.

Depending on the products, the warranty is one year or two years. You will find the information on the product file. The guarantee does not cover damage to the product resulting from accident, misuse, abuse, or improper handling and/or care.

The customer is responsible for the return costs.

If you have any problem or question about After Sales, please contact laboutiqueduwcjaponais.com by mail (sav@la-boutique-du-wc-japonais.com).

User's personal data

Laboutiqueduwcjaponais.com reserves the right to collect data on the user, in particular through the use of cookies.

The personal information which the customer is asked to provide are essential for processing and routing orders, preparing invoices and any warranty contracts. To this end, this information may be communicated to laboutiqueduwcjaponais.com contractual partners.

The customer may object to such communication and, pursuant to the “Data Processing and Freedom” Law (French Law of 6 January 1978), he/she has the right to access, modify, correct and eliminate data concerning him/her by contacting laboutiqueduwcjaponais.com by mail : service-client@la-boutique-du-wc-japonais.com.

Signature and proof

The computerised logs kept in the computer systems of laboutiqueducjaponais.com under reasonably secure conditions will be considered proof of communication of orders and payments made between the parties.

In all cases the credit card number and final validation of the order supplied online will constitute proof of the completeness of said order in accordance with the provisions of the French Law of 13 March 2000 and will constitute payability of the sums undertaken by entering the items appearing on the order form. This validation constitutes a signature and express acceptance of all operations made on the site.

Recording and filling of transactions

The orders and invoices are filed on a reliable and durable medium so as to correspond to a true and lasting copy pursuant to article 1348 of the civil code.

Intellectual property

Laboutiqueduwcjaponais.com is the holder of the intellectual property rights to the site and of the right to distribute the items appearing in the electronic store catalogue, and in particular of the photographs for which it has obtained the necessary authorizations from the persons involved. Consequently the partial or full reproduction on any medium whatsoever of the elements constituting the site and the catalogue, their use and their being made availability to third parties are strictly prohibited.

All elements on the laboutiqueduwcjaponais.com site, whether visual or audio, are protected by copyright, trademark rights, or patent rights. They are the exclusive property of laboutiqueduwcjaponais.com. The user who has a personal Internet site and wishes to place a simple link for his/her personal use connecting directly to the home page of the laboutiqueduwcjaponais.com site must request authorization from laboutiqueduwcjaponais.com. This will not constitute an implicit affiliation agreement.

However, any hypertext link connecting to the laboutiqueduwcjaponais.com site and using the framing of in-line linking technique is strictly prohibited. In all cases, any link, even tacitly authorised, must be removed upon simple request from laboutiqueduwcjaponais.com.

Completeness of the contract

In the event that one of the clauses of the present contract should be made null and void by a change in legislation, regulation or by a court decision, this will in no way affect the validity of and compliance with these general conditions of sale.

Jurisdiction and applicable laws

In case of Business to Customer, the present conditions are subjected to the French law and in particular according to articles 46 and 48 of the New Code of Civil procedure (NCPC) when the contracting one does not have the quality of tradesman. The customer can take action in justice, in addition to the place where remains the defendant, near the jurisdiction of the place of effective delivery of its order.

In case of Business to Business, the present conditions are subjected to French law. In the event of litigation and absent an amicable settlement between the parties, jurisdiction is assigned to the courts competent for the jurisdiction of the corporate headquarters of laboutiqueduwcjaponais.com, notwithstanding a plurality of defendants and/or the introduction of third parties, even for emergency proceedings or protective measures or summary procedures or by petition.