Terms of Sales

Legal Notices

The company JapanResell (SAS), registered with the Trade and Companies Register of Bordeaux (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 the following address: japanresell@gmail.com.

Japanresell.fr

Hosting provider: Shopify

PREAMBLE

The Seller publishes products for consumers, marketed through its website ( japanresell.fr ). The list and description of the goods offered by the Company can be viewed on the aforementioned website.

Article 1: Purpose

These General Terms and Conditions of Sale define the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller.

Article 2: General Provisions

These General Terms and Conditions of Sale (GTC) govern the sale of products through the Company's website and form an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer, who must accept them before placing an order. The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable GTC are those in effect 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 acceptance is clear and unconditional by implementing a checkbox and a validation click. The Customer declares having read all of these General Terms and Conditions of Sale, and where applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation.
The Client acknowledges that he has received the necessary advice and information to ensure that the offer is suitable for his needs.
The Client declares that he is legally able to contract under French law or is duly authorized to represent the natural or legal person for whom he is acting.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3: Price

The prices of products sold through the website are indicated in Euros and are clearly specified on the product description pages. They are shown inclusive of all taxes (VAT + any other applicable taxes) on the order page, but exclusive of specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories (DOM-TOM), the price is automatically calculated excluding taxes on the invoice. Customs duties, other local taxes, import duties, or state taxes may be applicable in certain cases. These duties and amounts are not the responsibility of the Seller. They are the responsibility of the buyer (declarations, payment to the relevant authorities, etc.). The Seller therefore advises the buyer to inquire about these matters with the relevant local authorities. The Company reserves the right to change its prices at any time in the future. Telecommunication costs necessary to access the Company's websites are the responsibility of the Customer. Delivery costs, if applicable, are also the Customer's responsibility.

Article 4: Online Contract Conclusion

In accordance with Article 1127-1 of the French Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place an order: Information on the essential characteristics of the Product; – Selection of the Product and, where applicable, its options; – Provision of the Customer's essential contact information (identification, email address, postal address, etc.); – Acceptance of these General Terms and Conditions of Sale; – Verification of the order details (double-click confirmation) and, where applicable, correction of any errors. Before confirming the order, the Buyer has the opportunity to review the order details, the price, and correct any errors, or cancel the order. Confirmation of the order constitutes acceptance of this contract. – Following this, the Customer follows the payment instructions, pays for the products, and then the order is delivered. The language offered for concluding the contract is French.
The terms of the offer and the general terms and conditions of sale are sent to the buyer by email upon ordering and are archived on the Seller's website. Where applicable, the professional and commercial rules to which the offeror intends to adhere can be found in the "Additional Rules" section of these General Terms and Conditions of Sale, accessible on the Seller's website at the following address: japanresell.fr
The archiving of communications, orders, order details, and invoices is carried out on a reliable and durable medium so as to constitute a faithful and lasting 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 provided by the Customer. To ensure the proper execution of the order, the Customer agrees to provide accurate identification information. The Seller reserves the right to refuse the order, for example, for any unusual request, any order placed in bad faith, or for any other 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, instructions for using the product. In accordance with Article L112-1 of the French Consumer Code, the consumer is informed, by means of marking, labeling, display, or any other appropriate method, of the prices and specific terms of sale and service provision before any sales contract is concluded. In all cases, the total amount due by the buyer is indicated on the order confirmation page. The selling price of the product is the price in effect on the day the order is placed, excluding shipping costs, which are charged separately. These potential costs are indicated to the buyer during the sales process, and in any event, at the time of order confirmation. The seller reserves the right to modify its prices at any time, while guaranteeing that the price indicated at the time of the order will be applied. When products are not delivered immediately, clear information regarding delivery dates is provided on the product page. The customer acknowledges having received a breakdown of delivery costs, payment terms, delivery and contract performance conditions, as well as detailed information concerning the seller's identity, postal, telephone, and email contact details, and activities in the context of this sale. The seller undertakes to fulfill the customer's order only within the limits of available product stock. If the product is unavailable, the seller will inform the customer; if the order has already been placed, and failing an agreement with the customer on a new delivery date, the seller will reimburse the customer. Contractual information is presented in detail and in French. The parties agree that illustrations or photos of the products offered for sale are not contractually binding. The validity period of the product offers and their prices is specified on the company's websites, as is the minimum duration of any contracts offered for the continuous or periodic supply of products. Unless otherwise specified, the rights granted hereunder are granted solely to the individual who signed the order (or the individual whose email address was provided).

Japanese magazines are often made from recycled paper, and they may sometimes be sealed and mailed with string by publishers. These processes can occasionally lead to manufacturing defects in some print runs.

Handwritten prints are best shipped individually. If multiple items are ordered together, the original packaging may cause damage during transport and delivery. If you still wish to have your order shipped together without prior notice, we cannot be held responsible for any breakage that may occur during transit. Furthermore, these prints may sometimes have minor imperfections on the corners.

Article 6: Conformity

In accordance with Article L.411-1 of the French Consumer Code, the products offered for sale under these Terms and Conditions comply with applicable regulations concerning the safety and health of persons, fair business practices, 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 must deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision.
In accordance with legal provisions regarding conformity and latent defects (Art. 1641 of the Civil Code), the Seller will refund or exchange defective products or products that do not correspond to the order. Refunds can be requested by filing a complaint at the following 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 payment process.

Products are delivered to the delivery address provided during the order process and within the stated timeframe. This timeframe does not include order preparation time. When the Customer orders several products simultaneously, these may have different delivery times and will be shipped as follows: delivery via one or more packages. In the event of a shipping delay, a complaint may be filed at the address provided. In the event of a delivery delay, the Customer has the option to cancel the contract under the terms and conditions defined in Article L 138-2 of the French Consumer Code. The Seller will then refund the product and the initial shipping costs in accordance with Article L 138-3 of the French Consumer Code. The Seller provides a telephone contact number (cost of a local call from a landline) indicated in the order confirmation email to facilitate order tracking. The Seller reminds the Customer that the risk of loss or damage to the products is transferred to the Customer upon physical receipt of the goods. It is the Client'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 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 fixed compensation. For standard shipments via Mondial Relay, this compensation is €25. For shipments via Colissimo within mainland France, it is automatically set at €23 per kilogram of goods entrusted. We are available to discuss additional insurance options with you to offer 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 duties are applied to our shipments, as they are shipped from France. Within the European single market, products purchased and shipped between EU member states are not subject to additional customs duties or import taxes. However, we encourage our customers to check any specific customs regulations in their country of residence, particularly for certain types of products.

For our customers outside the European Union, please note that customs fees may apply during the 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 letter shipments, please note that this shipping method does not allow us to use bubble wrap or any other form of reinforcement during transit. For fragile items, or if you require extra protection for your item, we recommend using parcel shipping. We accept no liability for any damage that may occur during tracked letter shipments.

Article 9: Availability and presentation

If an item is unavailable for more than 30 business days (excluding pre-orders), you will be immediately notified of the expected delivery time, and the order for that item may be canceled upon request. The customer may then request a credit 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 may pay by credit card or bank check. Cards issued by banks located outside of France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is processed by our payment provider. The information transmitted is encrypted using state-of-the-art technology and cannot be read during transmission over the network. Once the Customer initiates payment, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their bank details during the sale, the Customer authorizes the Seller to debit their card for the amount corresponding to the price indicated. The Customer confirms that they are the legal cardholder and 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 and automatically cancelled and the order voided.

Article 11: Right of withdrawal

In accordance with the provisions of Article L 221-18 of the French Consumer Code, the Buyer has the right to withdraw from the contract without giving any reason, within fourteen (14) days from the date of receipt of their order. The right of withdrawal can be exercised by contacting the Company as follows: 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 French Consumer Code, this right of withdrawal cannot be exercised for any item for which a manufacturing or shipping process is underway. If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded (only if the error is ours), with the return shipping costs remaining the responsibility of the Customer. Returned products must be in their original condition and complete (packaging, accessories, instructions, etc.). They should, if possible, be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you can request the standard withdrawal form by sending it to the following address: [address to be inserted here].

Article 12: Guarantees

In accordance with the law, the Seller provides the following guarantees: conformity and against hidden defects in the products. The Seller will refund the buyer or exchange products that are apparently defective or do not correspond to the order placed. The refund request must be made as follows: by filing a complaint at the address
The Seller reminds the consumer that: – they have a period of 2 years from the delivery of the goods to take action against the Seller; – they may choose between replacement and repair of the goods, subject to the conditions stipulated in the aforementioned provisions, if the goods are apparently defective or do not conform to the order; – they are not required to provide proof of the existence of the lack of conformity of the goods during the six months following delivery; – except for second-hand goods, this period will be extended to 24 months from March 18, 2016; – the consumer may also invoke the warranty against hidden defects in the goods sold, as defined in Article 1641 of the French Civil Code, and in this case, they may choose between rescinding the sale or obtaining a reduction in the sale price (provisions of Article 1644 of the French Civil Code).

Article 15: Intellectual Property Rights

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 Terms and Conditions. Any reproduction, in whole or in part, modification, or use of these assets for any reason whatsoever is strictly prohibited.

Article 16: Force majeure

The seller's obligations under this agreement shall be suspended in the event of a fortuitous event or force majeure that prevents their performance. The seller shall notify the customer of such an event as soon as possible.

Article 17: Nullity and modification of the contract

If any provision of this contract is held to be invalid, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect between the parties. Any contractual modification shall be valid only after a written agreement signed by both parties.

Article 18: Protection of personal data

In accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Seller implements a personal data processing system 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, of the data controller's representative: 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 the processing: performance of a contract – the recipients or categories of recipients of the personal data, if any: the data controller, its marketing department, its IT security department, its sales, delivery and order processing department, subcontractors involved in delivery and sales operations, and any authority legally authorized to access the personal data in question – no transfers outside the EU are planned – the data retention period: the statutory limitation period for commercial matters – the data subject has the right to request from the data controller access to and rectification or erasure of personal data, or restriction of processing concerning the data subject, or 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 during the ordering process is necessary for issuing the invoice (legal obligation) and the Delivery of the ordered goods is required; otherwise, the order cannot be placed. No automated decision-making or profiling is implemented during 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 covered herein, shall be governed by French law. The invalidity of any contractual clause shall not invalidate 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 a warranty against hidden defects in the thing sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price, if he had known of them. Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of forfeiture, within one year following the date on which the seller can be released from liability for apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code: The seller must deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision.
Article L. 217-5 of the Consumer Code: Goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable: – if they correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; – if they possess the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or if they possess the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, made known to the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer requests the seller, during the term of the commercial warranty granted to them upon the purchase or repair of movable property, to carry out repairs covered by the warranty, any period of immobilization of at least seven days is added to the remaining term of the warranty. This period begins from the date of the buyer's request for service or the date the property in question is made available for repair, if this latter date is later than the request for service.