Terms of Sales

Legal Notices

JapanResell Company (SAS), registered in the Bordeaux Trade and Companies Register (SIREN: 909338865/SIRET: 90933886500019) , represented by Mr. Gimenez and Mr. Léger as managers, duly authorized for the purposes hereof and its clients.

Head office: Gironde (33)

VAT number: FR53 909 338 865

The company can be contacted by email at: japanresell@gmail.com.

Japanresell.fr

Host: Shopify

PREAMBLE

The Seller is the publisher of Products intended for consumers, marketed through its websites ( japanresell.fr ). The list and description of the goods offered by the Company can be consulted on the aforementioned site.

Article 1: Purpose

These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.

Article 2: General provisions

These General Terms and Conditions of Sale (GTC) govern the sales of products made through the Company's website and are an integral part of the Contract between the Buyer and the Seller. They are fully binding on the Buyer who has accepted them before placing an order. The Seller reserves the right to modify these General Terms and Conditions at any time by publishing a new version on its website. The applicable GTC are those in force on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC are available on the Company's website at the following address: japanresell.fr .
The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Conditions of Sale, and where applicable the Specific Conditions of Sale linked to a product or service, and to accept them without restriction or reservation.
The Client acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Client declares that he is able to legally contract under French law or validly represent the natural or legal person for whom he is making a commitment.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3: Price

The prices of the products sold through the Website are indicated in Euros and precisely determined on the Product description pages. They are indicated in Euros inclusive of all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or French Overseas Territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be borne by the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Customer. Where applicable, delivery costs are also payable.

Article 4: Conclusion of the online contract

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place his order:; Information on the essential characteristics of the Product; – Choice of the Product, if applicable, of its options – Indication of the essential contact details of the Customer (identification, email, address, etc.); – Acceptance of these General Conditions of Sale – Verification of the elements of the order (double-click formality) and, if necessary, correction of errors. Before proceeding with his confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. Confirmation of the order will result in the formation of this contract. – Then, followed by instructions for payment, payment of the products, then delivery of the order. The language proposed for the conclusion of the contract is French.
The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website. Where applicable, the professional and commercial rules to which the author of the offer intends to submit are available in the "additional rules" section of these General Terms and Conditions, available on the Seller's website at the following address: japanresell.fr
The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the proper execution of the order, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 5: Products

The essential characteristics of the goods and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and specific conditions of sale and performance of services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The sale price of the product is the one in effect indicated on the day of the order, this one does not include the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of the order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products are not executed immediately, clear information is given on the product presentation page regarding the delivery dates of the products. The customer certifies having received a breakdown of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limits of available stocks of Products only. Failing this, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller reimburses the customer. The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the offer of Products as well as their prices are specified on the Company's websites, as well as the minimum duration of the contracts proposed when these relate to a continuous or periodic supply of products. Unless otherwise specified, the rights granted hereunder are granted only to the natural person who signed the order (or the person who owns the email address provided).

Japanese magazines are often made from recycled paper, and publishers may also sometimes seal and ship with string. These processes can sometimes lead to factory defects in some print runs.

Handwritten boards preferably require individual shipping. Indeed, in the case of a multiple order comprising several items, the original packaging format of the boards may lead to possible alterations during transport and delivery. In the event that you would still like a grouped shipment of your order and without a specific request from you, we will assume no responsibility for any possible breakages during delivery. In addition, these boards may sometimes have original defects on the corners.

Article 6: Conformity

In accordance with Article L.411-1 of the French Consumer Code, the products offered for sale through these General Terms and Conditions of Sale comply with the requirements in force relating to the safety and health of people, the fairness of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.
In accordance with Article L.217-4, the seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.
In accordance with the legal provisions regarding conformity and hidden defects (art. 1641 c. civ.), the Seller will refund or exchange defective products or those that do not correspond to the order. Reimbursement can be requested in the following manner: filing a complaint at the address

Article 7: Retention of title clause

The products remain the property of the Company until full payment of the price.

Article 8: Delivery terms

The shipping methods used are La Poste (Colissimo, tracked letter), Mondial Relay, DPD, and FedEX. The delivery method is chosen during the checkout process.

The products are delivered to the delivery address indicated when ordering and within the timeframes indicated. These times do not take into account the order preparation time. When the Customer orders several products at the same time, these may have different delivery times and are sent according to the following methods: delivery via one or more packages. In the event of a delay in shipping, a complaint must be filed at the address. In the event of a delay in delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller will then refund the product and the "outbound" costs under the conditions of Article L 138-3 of the Consumer Code. The Seller will provide a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email to ensure order tracking. The Seller reminds that the moment the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.

We strongly encourage our customers to contact us to purchase additional insurance when creating their shipment. This approach ensures enhanced protection for their package. Without this additional insurance, our liability in the event of loss or damage to the package is limited to a flat-rate compensation. For a standard shipment via Mondial Relay, this compensation is €25. For shipments via Colissimo in mainland France, it is automatically set at €23 per kilo of goods entrusted. We are available to discuss additional insurance options to provide you with more comprehensive coverage in the event of an incident with your package.

We would like to inform our customers located in the European Union that, generally, no additional customs fees are applied to our shipments, since they are shipped from France. As part of the European Single Market, products purchased and shipped between EU member countries are not subject to additional customs fees or import taxes. However, we encourage our customers to check any customs specificities in their country of residence, particularly for certain types of products.

For customers outside the European Union, please note that customs fees may apply during transit of your order, and these fees are your responsibility. These fees depend on the value and type of goods, as well as the customs regulations of the destination country.

For tracked mail shipments, please note that this shipping method does not allow us to use bubble wrap or any other reinforcement method during shipping. For fragile items or if you want your item to be protected, we recommend using parcel shipping. We transfer all liability if any damage occurs following tracked mail shipping.

Article 9: Availability and presentation

If an item is unavailable for a period exceeding 30 business days (excluding pre-orders), you will be immediately notified of the expected delivery time and the order for this item may be cancelled upon request. The Customer may then request a credit note for the amount of the item or a full refund and cancellation of the order.

Article 10: Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by payment card or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted according to industry standards and cannot be read during transport over the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount relating to the indicated price. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately terminated and the order cancelled.

Article 11: Withdrawal period

In accordance with the provisions of Article L 221-18 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. The right of withdrawal can be exercised by contacting the Company in the following manner: return request to the following email address: japanresell@gmail.com. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for any item for which a manufacturing or delivery process is in progress. In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded (Only if an error is on our part), with the return costs remaining the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.); If possible, they must be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you can request the standard withdrawal form to be sent to us at the following address: filing a complaint at the address.

Article 12: Guarantees

In accordance with the law, the Seller assumes the following guarantees: conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that appear to be defective or do not correspond to the order placed. The refund request must be made as follows: filing a complaint at the address
The Seller reminds the consumer that: – has a period of 2 years from delivery of the goods to take action against the Seller – that he can choose between replacement and repair of the goods subject to the conditions provided for in the aforementioned provisions. apparently defective or not corresponding – that he is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. – that, except for used goods, this period will be extended to 24 months from March 18, 2016 – that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between cancellation of the sale or a reduction of the sale price (provisions of Articles 1644 of the Civil Code).

Article 15: Intellectual Property Rights

The trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification, or use of these assets for any reason whatsoever is strictly prohibited.

Article 16: Force majeure

The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.

Article 17: Nullity and modification of the contract

If one of the provisions of this contract were to be cancelled, this nullity would not entail the nullity of the other provisions which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

Article 18: Protection of personal data

In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements a personal data processing operation for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following: – the identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these General Terms and Conditions; – the contact details of the data protection officer – the legal basis for processing: contractual performance – the recipients or categories of recipients of the personal data, if any: the data controller, its marketing departments, the IT security departments, the department responsible for sales, delivery and ordering, the subcontractors involved in delivery and sales operations and any authority legally authorized to access the personal data in question – no transfer outside the EU is planned – the data retention period: the time of the commercial prescription – the data subject has the right to request from the data controller access to personal data, rectification or erasure of such data, or a restriction of processing relating to the data subject, or the right to object to processing and the right to data portability – The data subject has the right to lodge a complaint with a supervisory authority – the information requested when ordering is necessary for the preparation of the invoice (obligation legal) and the delivery of the ordered goods, otherwise the order cannot be placed. No automated decision or profiling is implemented through the ordering process.

Article 19: Applicable law and clauses

All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, shall be subject to French law. The invalidity of a contractual clause shall not entail the invalidity of these general terms and conditions of sale.

Article 20: Consumer information

For the purpose of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below: Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.
Article L. 217-4 of the French Consumer Code: The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility under the contract or has been 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 suitable for the use usually expected of a similar good and, where applicable: – if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code: Action resulting from lack of conformity is prescribed after two years from delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.